Ratcliff v. Akanno, et al.

Filing 13

ORDER denying 4 Motion for Preliminary Injunction signed by Magistrate Judge Stanley A. Boone on 8/29/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM RATCLIFF,

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Plaintiff,

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v.
J. AKANNO, et al.,
Defendants.

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Case No.: 1:16-cv-00584-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTION
[ECF No. 4]

Plaintiff William Ratcliff is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of

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the United States Magistrate Judge on May 5, 2016. Local Rule 302.

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On the same date as the instant complaint was filed, Plaintiff filed a separate motion for a
preliminary injunction.
Plaintiff seeks a preliminary injunction directing prison officials to reinstate his lower bunk

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chrono. Plaintiff indicates that on January 7, 2014, his primary care provider discontinued his lower

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bunk chrono. On July 22, 2016, the Court dismissed Plaintiff’s complaint, with leave to amend, for

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failure to state a cognizable claim, and Plaintiff filed an amended complaint on August 22, 2016-

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which will be screened in due course. At the present time, Plaintiff has no cognizable claim pending

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before the Court and therefore cannot show a likelihood of success on the merits or that he has raised

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any serious questions going to the merits of a cognizable claim. Accordingly, Plaintiff has not made
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the showing required to meet his burden as the party moving for preliminary injunctive relief, and his

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motion for a preliminary injunction is DENIED.

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IT IS SO ORDERED.

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Dated:

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August 29, 2016
UNITED STATES MAGISTRATE JUDGE

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