Michael Alan Dean Hill v. Eslick, et al.

Summary

The United States District Court for the Eastern District of California addresses a detainee's motions for a temporary restraining order, discovery, and appointment of a private investigator in a 42 U.S.C. § 1983 excessive-force action. The court denies the discovery and investigator motions and recommends denying the temporary restraining order because the requested relief is not specific and the plaintiff has not shown satisfaction of the Winter factors. The document also sets a fourteen-day period for objections to the findings and recommendations.

Holdings

1. A request for a temporary restraining order must identify specific, narrowly tailored relief that the court can direct and enforce; a generalized request that defendants cease any conduct interfering with litigation is overbroad and inadequate.
2. A party seeking preliminary injunctive relief must show a likelihood of success on the merits, a likelihood of irreparable harm absent relief, that the balance of equities favors relief, and that an injunction is in the public interest.
3. A motion seeking additional discovery may be denied when the movant provides no evidence that relevant evidence will be destroyed or tampered with and an existing scheduling order already establishes the discovery schedule.
4. Public funds may be expended on behalf of a pro se litigant only when authorized by Congress; absent a showing of congressional authorization, the court may not appoint a publicly funded private investigator.

Questions Presented

1. Whether Hill's motion for a temporary restraining order stated specific, narrowly tailored relief.
2. Whether Hill demonstrated entitlement to preliminary injunctive relief under the four-factor test in Winter v. Natural Resources Defense Council, Inc.
3. Whether Hill's motion for additional discovery should be granted when a scheduling order already governed discovery and he offered no evidence of threatened destruction or tampering with evidence.
4. Whether the court could appoint and publicly fund a private investigator for a pro se litigant absent congressional authorization.

Disposition

other