Jeffrey D. McDonald v. Gena Jones, et al.

Summary

The United States District Court for the Eastern District of California recommends denying Jeffrey D. McDonald’s motion for a temporary restraining order because the alleged August 2025 retaliation and assault were not sufficiently connected to the claims in the underlying § 1983 action. The court vacates the pretrial motions deadline, grants plaintiff 90 days to indicate whether plaintiff can continue prosecuting the case, and denies the request for appointment of counsel without prejudice. The order also disregards plaintiff’s prior unsigned motion and confirms that discovery is closed.

Holdings

1. A court may not grant injunctive relief based on claims not pleaded in the complaint; the requested relief must have a nexus to the claims and parties in the action. Because plaintiff's alleged retaliation and August 2, 2025 assault claims involved different conduct and nonparty correctional staff, the temporary restraining order should be denied.
2. A temporary restraining order is an extraordinary remedy and will not issue merely upon a showing that irreparable harm is possible; the movant must clearly establish all four Winter factors, including a likelihood of irreparable harm.
3. The court may modify the scheduling order for good cause, and good cause existed to vacate the pretrial-motions deadline and grant plaintiff 90 days to notify the court whether plaintiff could proceed.
4. Appointment of counsel was unwarranted because plaintiff failed to demonstrate exceptional circumstances.

Questions Presented

1. Whether plaintiff was entitled to a temporary restraining order based on the alleged August 2, 2025 assault and related retaliation claims.
2. Whether the requested temporary restraining order was sufficiently connected to the claims pleaded in the complaint.
3. Whether the scheduling order should be modified and plaintiff granted additional time to determine whether plaintiff could continue prosecuting the action.
4. Whether exceptional circumstances warranted appointment of counsel for plaintiff.

Disposition

other