(PC) Parker v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaMarch 30, 20232:23-cv-00503California1,195 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN A. PARKER, No. 2:23-cv-0503 KJN P Plaintiff, v. ORDER WARDEN JEFF LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. On January 27, 2023, plaintiff filed a motion for preliminary injunction. Due to the pleading deficiencies identified below, plaintiff’s motion is denied without prejudice. I. Background By separate order, the undersigned screened plaintiff’s complaint, and found plaintiff failed to state cognizable Eighth Amendment claims against defendants Burkeheart, Connelly and Lynch, granting plaintiff leave to amend. (ECF No. 8.) II. Governing Law “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008) (citations omitted); Epona v. Cty. of Ventura, 876 F.3d 1214, 1227 (9th Cir. 2017). The party seeking a preliminary…

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