Martin
(PC) Clemente v. Martin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCELINO CLEMENTE, No. 2:19-cv-2616 WBS AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. MARTIN, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. This matter is before the court on plaintiff’s motion for a temporary restraining order and preliminary injunction in which he alleges that defendant Martin subjected him to retaliatory harassment. ECF No. 13. Defendant opposes the motion. ECF No. 19. I. Allegations in the Complaint The complaint alleges that defendant Martin retaliated against plaintiff because plaintiff filed several lawsuits and staff complaints, including some against defendant. ECF No. 1. Specifically, plaintiff alleges that on May 17, 2019, defendant conducted a retaliatory cell search during which defendant trashed plaintiff’s cell and confiscated his legal documents. Id. at 5. Defendant continued to harass plaintiff…