(PC) Diaz v. Lynch

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FELIPE POLANCO DIAZ, No. 2:21-cv-0916 KJM CSK P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 LYNCH, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 18 § 1983. This action proceeds on plaintiff’s second amended complaint alleging that while he was 19 housed at California State Prison, Sacramento, on December 21, 2020, plaintiff was subjected to 20 retaliation by defendant Torcedo in violation of the First Amendment. (ECF Nos. 24, 25 21 (screening order).) Plaintiff is currently housed at the California Health Care Facility (“CHCF”) 22 in Stockton. Plaintiff’s motion for preliminary injunctive relief is before the court. 23 As set forth below, plaintiff’s motion should be denied as moot. 24 Motion for Injunctive Relief 25 On March 22, 2024, plaintiff moved for injunctive relief against staff at CHCF, 26 contending he is without access to his legal and personal property, and…