(PC) McCoy v. Torres et al
ORDER ADOPTING Findings and Recommendations 37 and DENYING Motion for TRO or Preliminary Injunction 32 signed by District Judge Dale A. Drozd on 1/8/2021. (Lundstrom, T)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
AARON D. MCCOY,
D. TORRES, et al.,
No. 1:19-cv-01023-NONE-JLT (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
MOTION FOR TEMPORARY RESTRAINING
ORDER OR PRELIMINARY INJUNCTION
(Doc. Nos. 32, 37)
Plaintiff Aaron D. McCoy is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On November 23, 2020, the assigned magistrate judge filed findings and
recommendations, recommending that plaintiff’s motion for a temporary restraining order or a
preliminary injunction (Doc. No. 32) be denied. (Doc. No. 37.) The magistrate judge found that
the claims and requested relief which were the subject of plaintiff’s pending motion are unrelated
to the claims in his complaint. More specifically, the defendants in this action are correctional
officers at Kern Valley State Prison, whereas plaintiff requests an injunction directed at the
Secretary of the California Department of Corrections and/or the Warden of Pelican Bay State
Prison, where plaintiff is currently incarcerated. (Id. at 2-3.) As a result, the magistrate judge
found that the court lacks jurisdiction over the targets of plaintiffs’ motion. (Id. at 2.) The
findings and recommendations were served on plaintiff and provided him 14 days to file
objections thereto. (Id. at 3.) Plaintiff has not filed any objections and the time to do so has
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
de novo review of this case. Having carefully reviewed the file, the court finds the findings and
recommendations to be supported by the record and proper analysis.
are adopted in full; and,
The findings and recommendations issued on November 23, 2020 (Doc. No. 37)
Plaintiff’s motion for a temporary restraining order or a preliminary injunction
(Doc. No. 32) is denied.
IT IS SO ORDERED.
January 8, 2021
UNITED STATES DISTRICT JUDGE
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