(PC) Kutterer v. Facility Wellpath Medical

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS KUTTERER, No. 2:23-cv-2970 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

FACILITY WELLPATH MEDICAL, et al., 15 Defendants.

17 Plaintiff is a prisoner in the Solano County Jail, proceeding without counsel, with this civil rights action pursuant to 42 U.S.C. § 1983. For the reasons stated herein, the undersigned recommends that plaintiff’s request for injunctive relief contained in claim two of plaintiff’s original complaint be denied. Legal Standard “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). To qualify for injunctive relief, plaintiff must demonstrate: (1) a likelihood of success on the merits; (2) a likelihood that he will suffer irreparable harm without an injunction; (3) the balance of equities tips in his favor; and (4) an injunction is in the public interest. Id. at 20. The Ninth Circuit has held…