Downs v. California Board of Prison Terms et al
Filing
27
ORDER DENYING 25 Plaintiff's Motion for Preliminary Injunction signed by Magistrate Judge Sandra M. Snyder on 4/12/2010. (Jessen, A)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendants. 14 15 Plaintiff Gregory Downs is a state prisoner proceeding pro se and in forma pauperis in this 16 civil rights action pursuant to 42 U.S.C. § 1983. On April 7, 2010, Plaintiff filed a motion for 17 preliminary injunction requesting that all of the California Board of Prison Terms hearings be 18 stopped. (Doc. 25.) 19 18 U.S.C. § 3626(a)(1)(A) provides in relevant part, "Prospective relief in any civil action 20 with respect to prison conditions shall extend no further than necessary to correct the violation of 21 the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any 22 prospective relief unless the court finds that such relief is narrowly drawn, extends no further than 23 necessary to correct the violation of the Federal right, and is the least intrusive means necessary to 24 correct the violation of the Federal right." 25 Plaintiff's Complaint was dismissed with leave to amend for failure to state any cognizable 26 claims for which relief may be granted. (Doc. 13.) Plaintiff filed a First Amended Complaint which 27 has not yet been, but will be screened in due course. 28 1 / v. (Doc. 25) CALIFORNIA BOARD OF PRISON TERMS, et al., GREGORY DOWNS, Plaintiff, CASE NO. 1:09-cv-00714-SMS PC ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION
UNITED STATES DISTRICT COURT
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Since there are presently no cognizable claims for violation of any of Plaintiff's Federal rights pending before the Court, there is no need for the Court to address Plaintiff's request for prospective injunctive relief at this time. Accordingly, Plaintiff's request for a preliminary injunction is HEREBY DENIED without prejudice.
IT IS SO ORDERED. Dated: icido3 April 12, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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