Mercado

(PC) Wilson v. Mercado

Good Law
United States District Court, Eastern District of CaliforniaApril 25, 20221:22-cv-00278California1,040 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DAVID WAYNE WILSON, ) Case No.: 1:22-cv-00278-DAD-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING PLAINTIFF’S MOTION FOR

A PRELIMINARY INJUNCTION BE DENIED

GABINO MERCADO, et al., ) ) (ECF Nos. 3, 4) Defendants. ) ) )

Plaintiff David Wayne Wilson is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion for a preliminary injunction, filed March 8, 2022. I. LEGAL STANDARD Procedurally, a federal district court may issue emergency injunctive relief only if it has personal jurisdiction over the parties and subject matter jurisdiction over the lawsuit. See Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (noting that one “becomes a party officially, and is required to take action in that…

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