Burton

(PC) Diaz v. Burton

Good Law
United States District Court, Eastern District of CaliforniaMarch 10, 20222:21-cv-01583California2,819 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FELIPE POLANCO DIAZ, No. 2:21-cv-1583 KJN P Plaintiff, v. ORDER BURTON, et al., Defendants. 16 Plaintiff is a pro se state prisoner who seeks relief pursuant to 42 U.S.C. § 1983. On March 7, 2022, plaintiff filed a motion for emergency preliminary injunction and restraining order. (ECF No. 13.) Due to the pleading deficiencies identified below, plaintiff’s motion is denied without prejudice. I. Plaintiff’s Amended Complaint This action proceeds on plaintiff’s amended complaint against defendants P. Ferris and E. Petersen at California Health Care Facility (“CHCF”); plaintiff alleges defendants violated his First Amendment right to freedom of religion by refusing to provide plaintiff with a kosher diet at CHCF. II. Governing Law A temporary restraining order preserves the status quo before a preliminary injunction hearing may be held; its provisional remedial nature is designed only to prevent…

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