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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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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