Hicks

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TRACYE BENARD WASHINGTON, 1:19-cv-00156-JLT-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF’S

vs. TWO MOTIONS FOR PRELIMINARY

INJUNCTIVE RELIEF BE DENIED

HICKS, et al., (ECF Nos. 150, 155.) Defendants.

OBJECTIONS, IF ANY, DUE ON OR

BEFORE SEPTEMBER 13, 2023

17 I. BACKGROUND Tracye Benard Washington (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s original Complaint filed on February 5, 2019, against defendant Sergeant David Hicks for use of excessive force in violation of the Eighth Amendment.1 (ECF No. 1.) The Plaintiff alleges this event occurred in 2018 at Kern Valley State Prison (KVSP). On May 22, 2023 and July 5, 2023, Plaintiff filed motions for a temporary restraining order, which the court construes as motions for preliminary injunctive…