Faunce

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID W. FAUNCE, Case No. 21-cv-363-MMA (WVG)

Plaintiff,

ORDER DENYING PLAINTIFF’S EX

v. PARTE MOTION TO PREVENT

TRANSFER

J. MARTINEZ, et al.,

Defendants. [Doc. No. 104] 16 17 On October 27, 2022, Plaintiff David W. Faunce (“Plaintiff”) filed an ex parte motion to prevent the CDCR from transferring him to another prison during the pendency of this litigation. In support of his motion, Plaintiff attaches a “Classification Committee Chrono.” See Doc. No. 104 at 6–7. Because Plaintiff brings this motion ex parte, the Court treats it as a request for a temporary restraining order. See Fed. R. Civ. P. 65(b). Plaintiff is currently being housed at the Richard J. Donovan Correctional Facility (“RJD”) in San Diego, California. According to Plaintiff’s motion and its attachment, Plaintiff is in Facility D, a level III placement at RJD, while he is classified for level II placement. On October…