Miller v. Rufion, et al

Filing 161

ORDER Denying Motion For Preliminary Injunction And Temporary Restraining Order (Doc. 156 ), signed by Judge Barry T. Moskowitz on 8/22/2011. (Fahrney, E)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 FRESNO DIVISION 5 6 GERALD L. MILLER, JR., 7 Case No. 08cv1233 BTM(WMc) Plaintiff, ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER v. 8 9 O. RUFINO, et al. Defendants. 10 11 Plaintiff has filed an motion for a preliminary injunction and temporary restraining 12 order. Plaintiff, who is incarcerated at Calipatria State Prison, claims that he was given 13 contaminated food by an officer who was retaliating against him for filing an administrative 14 appeal. Plaintiff claims that Calipatria State Prison and its medical staff are trying to cover 15 up the illness caused by the contaminated food and that he is being denied medical 16 treatment at Calipatria. Plaintiff seeks an order requiring the Warden and Chief Deputy 17 Warden of Calipatria to provide him with outside medical treatment. 18 The Warden and Chief Deputy Warden of Calipatria are not defendants in this action. 19 The sole remaining defendant is O. Rufino, a Licensed Vocational Nurse with the State of 20 California Department of Corrections and Rehabilitation (“CDCR”) at Kern Valley State Prison 21 (“KVSP”). The Court does not have jurisdiction over the Warden or Chief Deputy Warden 22 of Calipatria State Prison. Therefore, Plaintiff’s motion for a preliminary injunction and 23 temporary restraining order are DENIED. 24 IT IS SO ORDERED. 25 26 DATED: August 22, 2011 27 28 Honorable Barry Ted Moskowitz United States District Judge 1 08cv1233 BTM(WMc)

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