(PC) Wilson v. Sherman et al
Filing
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FINDINGS and RECOMMENDATIONS to Deny Pending 2 11 Motions for Injunctive Relief signed by Magistrate Judge Sheila K. Oberto on 01/18/2023. Referred to Judge Thurston; Objections to F&R due within Fourteen-Days. (Flores, E)
Case 1:22-cv-00874-JLT-SKO Document 15 Filed 01/19/23 Page 1 of 6
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID W. WILSON,
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Plaintiff,
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v.
STUART SHERMAN, et al.,
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Defendants.
Case No.: 1:22-cv-00874 JLT SKO (PC)
FINDINGS AND RECOMMENDATIONS TO
DENY PENDING MOTIONS FOR
INJUNCTIVE RELIEF
(Docs. 2 & 11)
14-DAY OBJECTION PERIOD
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Plaintiff David W. Wilson is appearing pro se and in forma pauperis in this civil rights
action brought pursuant to 42 U.S.C. § 1983.
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I.
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Pending before the Court are the following: (1) “Motion to Grant Temporary and
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Permanent Injunction and Protections and Enforcement and Sanctions Relief for Inadequate Cool
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Ventaliation and Black Mold Imminent Danger” (Doc. 2) filed July 15, 2022; and (2) “Motion to
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Grant Emergency Temporary Injunction to Remove Over-Crowded Double Bunked Inmates …
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Causing Black Mold Imminent Danger and Staff/Administration Conspiracy for Mexican Ethnic
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Numbers Gang Bunks Control for Assaults and Death Denying Population Reduction 137.5%
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Three-Judge Panel and Denial Equal Access ADA Medical Bunks and Toilets” (Doc. 11) filed
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January 17, 2023.
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//
PENDING MOTIONS FOR INJUNCTIVE RELIEF
Case 1:22-cv-00874-JLT-SKO Document 15 Filed 01/19/23 Page 2 of 6
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II.
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DISCUSSION
A. Legal Standards
“A preliminary injunction is an extraordinary remedy never awarded as of right.” 1 Winter
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v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff seeking a
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preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to
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suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his
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favor, and that an injunction is in the public interest.” Id. at 20.
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Federal courts are courts of limited jurisdiction and in considering a request for
preliminary injunctive relief, the Court is bound by the requirement that as a preliminary matter, it
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have before it an actual case or controversy. City of L.A. v. Lyons, 461 U.S. 95, 102 (1983);
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Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S.
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464, 471 (1982). If the Court does not have an actual case or controversy before it, it has no
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power to hear the matter in question. Id. Requests for prospective relief are further limited by 18
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U.S.C. § 3626(a)(1)(A) of the Prison Litigation Reform Act, which requires that the Court find
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the “relief [sought] is narrowly drawn, extends no further than necessary to correct the violation
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of the Federal right, and is the least intrusive means necessary to correct the violation of the
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Federal right.” See also Miller v. French, 530 U.S. 327, 333 (2000) (the PLRA “establishes
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standards for the entry and termination of prospective relief in civil actions challenging conditions
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at prison facilities”).
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The pendency of this action does not give the Court jurisdiction over prison officials in
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general. Summers v. Earth Island Inst., 555 U.S. 488, 491-93 (2009); Mayfield v. United States,
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599 F.3d 964, 969 (9th Cir. 2010). The Court's jurisdiction is limited to the parties in this action
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and to the viable legal claims upon which this action is proceeding. Summers, 555 U.S. at 491-93;
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Mayfield, 599 F.3d at 969.
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“The standard for a [temporary restraining order] is the same as for a preliminary injunction.” Rovio
Entm’t Ltd. v. Royal Plush Toys, Inc., 907 F. Supp. 2d 1086, 1092 (N.D. Cal. 2012) (citing Stuhlbarg Int’l
Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001) (citation omitted).
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Case 1:22-cv-00874-JLT-SKO Document 15 Filed 01/19/23 Page 3 of 6
A “federal court may issue an injunction [only] if it has personal jurisdiction over the
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parties and subject matter jurisdiction over the claim; it may not attempt to determine the rights of
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persons not before the court.” Zepeda v. U.S. I.N.S., 753 F.2d 719, 727 (9th Cir. 1983). “[A]n
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injunction must be narrowly tailored ‘to affect only those persons over which it has power,’ . . .
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and to remedy only the specific harms shown by the plaintiffs, rather than ‘to enjoin all possible
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breaches of the law.’” Price v. City of Stockton, 390 F.3d 1105, 1117 (9th Cir. 2004) (quoting
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Zepeda, 753 F.2d at 727, 728 n.1).
B. Summary of Plaintiff’s Motions2
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In his first motion for injunctive relief (Doc. 2), Plaintiff contends an ongoing imminent
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danger of inadequate ventilation, the presence of black mold and black dust, and the denial of
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cooling measures and objects. (Id. at 3.) Plaintiff alleges he “has shown the sliding scale tips in
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his favor and a significant threat of irreparable injury to himself or others” exists. (Id. at 4.)
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Plaintiff cites to a number of cases, including “Plata v. Newsom,” “Coleman v. [N]ewsom,”
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“Armstrong v. Brown,” and “Plata v. Brown.” (Id.) Under the subheading “Irreparable Injury,”
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Plaintiff cites to various exhibits and quotes from various orders or opinions in other matters. (Id.
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at 4-5.) Plaintiff contends “prison officials are obligated to provide water, and it must be fit to
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drink,” citing to Ninth Circuit authority. (Id. at 5.) Under the subheading “Some Evidence,”
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Plaintiff cites to an exhibits and Supreme Court authority pertaining to significant hardship,
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“Conscious Choice among alternatives,” “Official gov’t policy,” and “TRAINING as Basis for
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Liability.” (Id. at 6.) Plaintiff provides a declaration in support of his motion. (Id. at 7-8.)3
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In his second motion for injunctive relief (Doc. 11), Plaintiff contends ongoing imminent
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danger of overcrowding in B Facility at the California Substance Abuse Treatment Facility. (Id. at
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2.) He contends all four facilities are overcrowded “to placate Mexican Gangs AK Southerners,
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In both motions, Plaintiff attempts to notice his motions for a hearing. (See Doc. 2 at 1[“on August 20,
2022, at 9:30 a.m., …] & Doc. 11 at 1 [“on February 9, 2023 at 9:30 a.m., …].) However, as Plaintiff has
been advised, “[a]ll pre-trial motions will be submitted for decision based solely on the written papers and
without a hearing. Local Rule 230(l).” (See Doc. 3 at 5 [First Informational Order].) Plaintiff is not entitled
to a hearing on his motions; should this Court wish to hear from a party or parties on any matter in a
prisoner civil rights case, the Court will set a hearing.
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Despite referencing exhibits in this motion, no exhibits
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Case 1:22-cv-00874-JLT-SKO Document 15 Filed 01/19/23 Page 4 of 6
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Bottom Tiers mainly & Northerners, Upper Tiers mainly.” (Id.) Plaintiff asserts the
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administration and building staff placements result in overcrowding that negatively affects users
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of wheelchairs, walkers and those with other disabilities. (Id. at 2-3.) An inadequate number of
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toilets are available, denying access for those using wheelchairs, walkers and “Fluid-Bags.” (Id. at
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3.) Plaintiff contends due to the integration of “Gang Fresno Bulldogs,” and assault occurred on
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November 30, 2022 “for injuries & Death” as a result of the overcrowding. (Id.) Plaintiff asserts
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the overcrowding “is unequal housing and used for Gang Politics Bunk Bed Control of other
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races as Blacks/African American and violates Three judge Panel population reductions of 137%
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for each prison.” (Id.) Plaintiff further contends there is an ongoing imminent danger of “BLACK
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MOLD seen throughout the Facilities, and a TOXIC Health HAZARD, as allowed by the 95%
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Mexican/Hispanic White Supremacy Staff B-Facility.” (Id.) Plaintiff alleges he “has shown the
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sliding scale tips in his favor and a significant threat of irreparable injury to himself or others”
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exists. (Id. at 4.)
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Plaintiff cites to a number of cases, including “Plata v. Newsom,” “Coleman v.
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[N]ewsom,” “Armstrong v. Brown,” and “Plata v. Brown.” (Id.) Under the subheading
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“Irreparable Injury,” Plaintiff cites to various exhibits and quotes from various orders or opinions
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in other matters. (Id. at 4-5.) Under the subheading “Some Evidence,” Plaintiff contends he “has
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shown above for as BLACK MOLD at Director’s Level Granted, and on-going threats by
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Favoritism to double-bunk Specific Gang members for violence.” (Id. at 5.) Plaintiff asserts he
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has satisfied the “’case controversy’ requirement” and cites to “City of Los Angeles v. Lyons” in
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support of his assertion. (Id. at 5-6.) Citing to Zepeda, Plaintiff contends “this Court has subject-
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matter jurisdiction over CSATF claim” and that “any injunction of this Court should not be more
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burdensome to defe4ndants than necessary to provide complete or partial relief to the plaintiff and
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others similarly situated.” (Id. at 6.) Plaintiff has appended his declaration in support of the
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motion (id. at 8-11), approximately 25 pages of exhibits (id. at 12-37) and a proposed order
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granting relief (id. at 38-40). For the foregoing reasons, this Court will recommend Plaintiff’s
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motions for injunctive relief be denied.
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C.
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Analysis
Personal Jurisdiction is Lacking
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In this case, no defendant in this action has been served with process. Plaintiff’s complaint
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names Stuart Sherman, Amber Williams, Jan Lines, S. Heahy, E. Rocha, S. Marsh, Jason Collins,
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“Office of Appeals” and the California Department of Corrections and Rehabilitation as
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defendants. (Doc. 1 at 1-3.) Plaintiff’s complaint has not yet been screened pursuant to 28 U.S.C.
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§ 1915A(a), and will be screened in due course. Service of process will only occur following
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screening and a finding that Plaintiff has stated one or more cognizable claims. Until the
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defendants have been served with process by the United States Marshal, this Court lacks personal
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jurisdiction over any defendant, and may not grant the injunctive relief Plaintiff requests. See Fed.
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R. Civ. P. 65(d)(2); Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999);
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Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 584 (1999) (“Personal jurisdiction, too, is an
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essential element of the jurisdiction of a district...court, without which the court is powerless to
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proceed to an adjudication” [citation & internal quotation omitted]); Zepeda, 753 F.2d at 727;
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Benny v. Pipes, 799 F.2d 489, 492 (9th Cir. 1986) (“A federal court is without personal
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jurisdiction over a defendant unless the defendant has been served in accordance with Fed. R.
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Civ. P. 4”).
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The Winter Factors
Additionally, Plaintiff cannot meet all four Winter factors set forth above that are required
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for an injunction. Winter, 555 U.S. at 20. Even construing Plaintiff’s motions to demonstrate
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Plaintiff is likely to suffer irreparable harm in the absence of preliminary relief—the second
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Winter factor— Plaintiff cannot demonstrate he is likely to succeed on the merits of his claims, a
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requirement that must be met to obtain injunctive relief. Winter, 555 U.S. at 20. In deciding
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whether a preliminary injunction should issue, the likelihood of success on the merits is the most
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important factor for the court to consider. Disney Enterprises, Inc. v. VidAngel, Inc., 869 F.3d
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848, 856 (9th Cir. 2017).
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Here, Plaintiff’s complaint has not yet been screened. Therefore, it is unclear whether
Plaintiff has stated cognizable claims entitling him to relief in these proceedings. At the pleading
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Case 1:22-cv-00874-JLT-SKO Document 15 Filed 01/19/23 Page 6 of 6
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stage, the Court is not in a position to determine questions of the claims’ merit which require
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submission of evidence, versus only a determination as to whether a claim has been plausibly
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stated. Barrett v. Belleque, 544 F.3d 1060, 1062 (9th Cir. 2008). Without such a finding that
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Plaintiff has stated cognizable claims, the likelihood of success on the merits—the first Winter
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factor, and the most important—cannot be determined. Plaintiff’s references to Plata, Coleman,
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and Armstrong do not change this analysis.
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Regarding the requirement that Plaintiff make a showing that the balance of equities tips
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in his favor and that an injunction is in the public interest—the third and fourth Winter factors—
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Plaintiff makes no such showing. In sum, Plaintiff is not entitled to the injunctive relief he seeks.
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III.
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For the reasons given above, the Court RECOMMENDS that Plaintiff’s motions for
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CONCLUSION AND RECOMMENDATIONS
injunctive relief (Docs. 2 & 11) be DENIED.
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of
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service of these Findings and Recommendations, a party may file written objections with the
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Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and
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Recommendations.” Failure to file objections within the specified time may result in waiver of
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rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v.
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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
/s/ Sheila K. Oberto
January 18, 2023
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UNITED STATES MAGISTRATE JUDGE
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