Griffin v. Dowilliams et al

Filing 29

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES E. GRIFFIN, II, 12 Plaintiff, 13 14 15 v. No. 2:16-cv-1435 WBS CKD P ORDER DOROTHY DOWILLIAMS, et al., Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil 18 rights under 42 U.S.C. § 1983. On March 23, 2017, the court screened plaintiff’s amended 19 complaint, as the court is required to do under 28 U.S.C. § 1915A and found that plaintiff may 20 either proceed on a claim arising under the Eighth Amendment against defendant Dowilliams or 21 file a second amended complaint. On April 20, 2017, plaintiff indicated he will be filing a second 22 amended complaint which is now due May 25, 2017. 23 When plaintiff filed his amended complaint, he also filed a motion for preliminary 24 injunctive relief. Since plaintiff has elected to file a second amended complaint, his pending 25 motion will be denied without prejudice to plaintiff filing a new motion for preliminary injunctive 26 relief corresponding with the claims presented in his second amended complaint. Plaintiff is 27 informed that the court cannot grant preliminary injunctive relief unless plaintiff states a claim for 28 injunctive relief in his second amended complaint, and until a defendant has appeared in this 1 1 action and received an opportunity to respond to the request for preliminary injunctive relief. For 2 these reasons, plaintiff is free to wait to file a motion for preliminary injunctive relief until after 3 the court has screened plaintiff’s second amended complaint and after a defendant has appeared. 4 Any motion for preliminary injunctive relief filed before a defendant has appeared in this action 5 may be denied as premature. 6 Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 24, 2016 motion for 7 preliminary injunctive relief (ECF No. 17) is denied without prejudice as described above. 8 Dated: May 16, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 1 griff1435.57 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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