Summary
The document contains findings and recommendations addressing plaintiff Michael Alan Dean Hill’s motions for preliminary injunctive relief. The magistrate judge recommends denying the requests for a sanitary cell and transfer to Sacramento County Jail because plaintiff failed to address the Winter factors, the requested relief was disconnected from the excessive-force claims in the complaint, and the heightened standards for mandatory and ex parte injunctive relief were not met.
Holdings
- Plaintiff was not entitled to preliminary injunctive relief because he failed to address or establish the Winter factors.
- The court lacked authority to issue an injunction based on claims not pleaded in the complaint; plaintiff's motions were disconnected from the excessive-force claims asserted in the complaint.
- Plaintiff did not satisfy the heightened standard applicable to mandatory injunctive relief.
- Plaintiff failed to meet the especially high burden for an ex parte temporary restraining order.
Questions Presented
- Whether plaintiff was entitled to preliminary injunctive relief concerning allegedly unsanitary cell conditions.
- Whether plaintiff was entitled to preliminary injunctive relief requiring his transfer to the Sacramento County Jail based on alleged retaliation and fear of harm.
- Whether the court could issue injunctive relief based on claims and factual circumstances not pleaded in the complaint.
- Whether plaintiff satisfied the heightened standard for an ex parte temporary restraining order.
Disposition
other
Cases Cited (14)
- Lopez v. Brewer, 680 F.3d 1068, 1072 (9th Cir. 2012)(followed)
- Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam)(followed)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20, 24 (2008)(followed)
- Porretti v. Dzurenda, 11 F.4th 1037, 1047 (9th Cir. 2021)(followed)
- Hernandez v. Sessions, 872 F.3d 976, 999 (9th Cir. 2017)(followed)
- Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 879 (9th Cir. 2009)(followed)
- Gilmore v. People of the State of California, 220 F.3d 987, 999 (9th Cir. 2000)(followed)
- Pacific Radiation Oncology, LLC v. Queen's Medical Center, 810 F.3d 631, 633 (9th Cir. 2015)(followed)
- Turner v. Safley, 482 U.S. 78, 884-85 (1987)(followed)
- Bell v. Wolfish, 441 U.S. 520, 562 (1979)(followed)
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