McCright v. E. Weaver, et al.

Summary

The United States District Court for the Northern District of California denied Colvin McCright’s motion for a temporary restraining order seeking single-cell status and an order preventing disciplinary reports. The court also denied McCright’s motion for appointment of counsel, finding no exceptional circumstances and no unusually complex legal issues.

Holdings

1. The motion was denied because McCright did not show a likelihood of success on the merits or establish likely irreparable harm on the undeveloped record.
2. The motion was denied without prejudice because the alleged transfer was speculative and McCright did not show how a transfer would harm him.
3. Appointment of counsel was denied because McCright failed to demonstrate exceptional circumstances; the action did not present complex legal issues, and he had ably prosecuted it without assistance.

Questions Presented

1. Whether McCright was entitled to a temporary restraining order requiring jail officials to grant him single-cell status.
2. Whether McCright was entitled to a temporary restraining order preventing the issuance of disciplinary reports or a possible future transfer.
3. Whether exceptional circumstances justified appointing counsel under 28 U.S.C. § 1915.

Disposition

other