Ly

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD JOSEPH GOSZTYLA, No. 2:21-cv-1717 CKD P Plaintiff, v. ORDER B. LY, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action under 42 U.S.C. § 1983 against three defendants who are all employees of the California Department of Corrections and Rehabilitation (CDCR). Plaintiff’s claims arise under the Eighth Amendment and all concern inadequate dental care. Plaintiff seeks damages. Plaintiff has filed a motion asking that the court issue an order preventing his transfer from Mule Creek State Prison. Plaintiff has not been ordered transferred yet but feels such an order is imminent. Plaintiff claims that a transfer will result in a violation of his Constitutional rights.

Plaintiff titles his motion “Plaintiff’s Request for Preliminary Injunction and Temporary 26 Restraining Order.” However, the request is neither as this case is not proceeding on any claim for injunctive…