Toney
Toney v. Gwathey M.D.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEPHEN TONEY, Case No.: 18CV2786-WQH(KSC)
Plaintiff,
REPORT & RECOMMENDATION
v. TO DENY MOTION FOR
PRELIMINARY INJUNCTION AND
DR. J. GWATHNEY, M.D., et al.,,
TEMPORARY RESTRAINING
Defendants. ORDER [DOC. NO. 19] 16 On May 28, 2019, plaintiff filed a Motion for Preliminary Injunction and Temporary Restraining Order, which has since been supplemented with additional filings. [Doc. No. 19, 21 & 29.] Plaintiff contends defendants have denied him access to legal materials and personal property he needs to litigate his case. The Motion is opposed by defendants. [Doc. No. 33.] For the reasons outlined below, it is RECOMMENDED the Honorable William Q. Hayes DENY plaintiff’s Motion. DISCUSSION Plaintiff reports that on April 9, 2019, he broke his foot while serving as an inmate at the Metropolitan Correctional Center, San Diego (MCC).…