Gipson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FABIAN HANCY MICHEL, No. 2:21-cv-2178 WBS KJN P Plaintiff, v. ORDER CONNIE GIPSON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed a motion for temporary restraining order and preliminary injunction. Plaintiff contends that his immediate release from prison is the only adequate remedy for an existing Eighth Amendment violation based on plaintiff’s continuing unreasonable risk of exposure to COVID-19 due to plaintiff’s “advanced age and/or medical infirmities.” (ECF No. 10 at 1.) First, to the extent plaintiff seeks a temporary restraining order without notice upon an adverse party, he cannot prevail because his submission fails to set out “specific facts in an affidavit or a verified complaint . . . [which] clearly show that immediate and irreparable injury, loss, or damage will result . . . before the adverse party…