Baer

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NORMAN GERALD DANIELS III, 1:19-cv-01801-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF’S

vs. MOTION FOR PRELIMINARY

INJUNCTIVE RELIEF BE DENIED

BAER, et al., (ECF No. 32.)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

18 I. BACKGROUND Plaintiff is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This action was initiated by civil complaint filed by Plaintiff in the Kings County Superior Court on August 19, 2019 (Case #19CV-0717). On December 23, 2019, defendants Baer, Martin, Melina, and Smith (“Defendants”) removed the case to federal court by filing a Notice of Removal of Action pursuant to 28 U.S.C. § 1441. (ECF No. 1.) On June 1, 2021, Plaintiff filed the First Amended Complaint as a matter of course. (ECF No. 30.) On July 9, 2021, the court dismissed the First Amended Complaint for failure to…