Windham v. California Medical Facility, et al

Filing 65

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/25/17 recommending that plaintiff's motion for preliminary injunctive relief 51 be denied. Motion for Preliminary Injunction 51 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL WINDHAM, JR.,

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Plaintiff,

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No. 2:15-cv-1058 MCE CKD P

v.

FINDINGS AND RECOMMENDATIONS

CALIFORNIA MEDICAL FACILITY, et
al.,
Defendants.

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Plaintiff is a California prisoner proceeding pro se with a civil action. Plaintiff has filed a

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motion for preliminary injunctive relief concerning his current medical care at the California

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Health Care Facility in Stockton. However, the two remaining defendants in this action,

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defendants Sabin and Yun, were medical professionals at the California Medical Facility (CMF)

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in Vacaville during all times relevant to the allegations in plaintiff’s operative first amended

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complaint. Also, plaintiff does not seek injunctive relief in his first amended complaint, only

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damages against Sabin and Yun concerning past care for plaintiff at CMF. In light of the

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foregoing, the court will recommend that plaintiff’s request for preliminary injunctive relief be

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denied. Plaintiff has the option of initiating a separate civil action if he wishes to challenge his

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current conditions of confinement at the California Health Care Facility.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for preliminary
injunctive relief (ECF No. 51) be denied.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: May 25, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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