Shmary

(PC) Israel v. Shmary

Good Law
United States District Court, Eastern District of CaliforniaSeptember 21, 20222:21-cv-00262California748 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AKIVA AVIKAIDA ISRAEL, No. 2:21-cv-00262-TLN-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS RABBI SHMARY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Currently before the court is plaintiff’s September 12, 2022 motion for a preliminary injunction. ECF No. 54. For the reasons that follow, the motion must be denied. The case proceeds on plaintiff’s second amended complaint, which states potentially cognizable claims of (1) violation of the First Amendment and the Religious Land Use and Institutionalized Persons act by various defendants for denying plaintiff kosher meals, (2) discrimination in violation of the 14th Amendment by defendant Brownstein (aka “Rabbi Shmary”), and (3) retaliation in violation of the First Amendment by defendant Safanov. ECF Nos. 26, 28. In the instant motion, plaintiff seeks a preliminary injunction…

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