Grubbs
(PC) Hammler v. Grubbs
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, No. 2:23-cv-2770 KJN P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
DEMITRIOUS GRUBBS, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for injunctive relief filed February 15, 2024. (ECF No. 16.) For the reasons stated herein, this court recommends that plaintiff’s motion for injunctive relief be denied. Legal Standard for Injunctive Relief “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…