Griffin v. Dowilliams et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/16/2017 DENYING 17 Motion for Preliminary Injunction without prejudice. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHARLES E. GRIFFIN, II,
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Plaintiff,
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v.
No. 2:16-cv-1435 WBS CKD P
ORDER
DOROTHY DOWILLIAMS, et al.,
Defendants.
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Plaintiff is a California prisoner proceeding pro se with an action for violation of civil
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rights under 42 U.S.C. § 1983. On March 23, 2017, the court screened plaintiff’s amended
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complaint, as the court is required to do under 28 U.S.C. § 1915A and found that plaintiff may
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either proceed on a claim arising under the Eighth Amendment against defendant Dowilliams or
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file a second amended complaint. On April 20, 2017, plaintiff indicated he will be filing a second
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amended complaint which is now due May 25, 2017.
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When plaintiff filed his amended complaint, he also filed a motion for preliminary
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injunctive relief. Since plaintiff has elected to file a second amended complaint, his pending
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motion will be denied without prejudice to plaintiff filing a new motion for preliminary injunctive
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relief corresponding with the claims presented in his second amended complaint. Plaintiff is
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informed that the court cannot grant preliminary injunctive relief unless plaintiff states a claim for
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injunctive relief in his second amended complaint, and until a defendant has appeared in this
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action and received an opportunity to respond to the request for preliminary injunctive relief. For
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these reasons, plaintiff is free to wait to file a motion for preliminary injunctive relief until after
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the court has screened plaintiff’s second amended complaint and after a defendant has appeared.
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Any motion for preliminary injunctive relief filed before a defendant has appeared in this action
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may be denied as premature.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 24, 2016 motion for
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preliminary injunctive relief (ECF No. 17) is denied without prejudice as described above.
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Dated: May 16, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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