Henderson v. Unknown

Filing 20

ORDER signed by Magistrate Judge Deborah Barnes on 4/23/2018 DENYING as moot 18 Request that the 1/5/2018 preliminary injunction and temporary restraining order motions be addressed. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM MARTIN HENDERSON,

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Plaintiff,

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No. 2:17-cv-02121 DB P

v.

ORDER

CDCR DIRECTOR et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Plaintiff has filed a second request that preliminary injunction and/or temporary

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restraining orders issue. (See ECF No. 18). For the reasons stated below, the court will deny the

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request as moot.

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On January 5, 2018, plaintiff filed a motion for preliminary injunction and motion for

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temporary restraining order (“TRO”). (ECF No. 11). On March 5, 2018, the court denied the

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motions on the grounds that they were premature given: (1) jurisdiction had yet to attach because

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defendants had yet to be served, and (2) plaintiff had failed to clearly show that immediate and

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irreparable injury, loss or damage would result to him prior to defendants being heard in

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opposition. (See ECF No. 16).

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On March 19, 2018, the court’s order denying plaintiff’s preliminary injunction and

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temporary restraining order motions was returned as undeliverable. On March 23, 2018, plaintiff

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filed a notice of change of address as well as the instant request that the court address his

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preliminary injunction and temporary restraining order motions that had been filed on January 5,

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2018. (See ECF Nos. 17, 18). Given that the court has already addressed the motions and denied

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them (see ECF No. 16), the court denies the instant request.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 23, 2018 request that his

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January 5, 2018 preliminary injunction and temporary restraining order motions be addressed

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(ECF No. 18) is DENIED as moot.

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DATED: April 23, 2018

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/hend2121.48a(2)

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