Wilson v. California State Prison Corcoran et al

Filing 9

ORDER re 8 Proposed Order filed by David W. Wilson, signed by Magistrate Judge Jeremy D. Peterson on 7/3/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID W. WILSON,

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Plaintiff,

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v.

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CALIFORNIA STATE PRISON
CORCORAN, et al.,

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Case No. 1:18-cv-00424-DAD-JDP
ORDER REGARDING PLAINTIFF’S
PROPOSED ORDER RE EMERGENCY
ENFORCEMENT PROTECTION
(Doc. No. 8)

Defendants.
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Plaintiff David W. Wilson is a state prisoner proceeding pro se in this civil rights action

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under 42 U.S.C. § 1983. On June 8, 2018, plaintiff filed a “motion for emergency enforcement

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with and protection with sanctions . . . .” (Doc. No. 6.) The court could not discern the specific

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relief sought in this filing and so denied it without prejudice. (Doc. No. 7.) The court granted

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plaintiff leave to refile and directed that in any refiled motion plaintiff should describe with

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specificity the grounds for relief and the relief sought.

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Plaintiff has not refiled a motion. Instead, he has filed a proposed order regarding

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“emergency enforcement protection.” (Doc. No. 8.) Although still difficult to decipher, the

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proposed order states that plaintiff seeks to be removed from “G.P. Level 2, 3” and to have the air

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temperature in his prison facility lowered. Plaintiff appears to be seeking injunctive relief. If so,

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he must refile his motion as a motion for injunctive relief under Rule 65 of the Federal Rules of

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Civil Procedure.1 If plaintiff files such a motion, the court will issue findings and

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recommendations addressing whether the requested relief should be granted or denied.

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IT IS SO ORDERED.

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Dated:

July 3, 2018
UNITED STATES MAGISTRATE JUDGE

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The court provided the legal standard for obtaining injunctive relief in its June 15, 2018 order.
(Doc. No. 7, at 2 n.2.)
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