(PC) Israel v. McLelland

• Court: District Court, E.D. California
• Decided: January 21, 2025
• Docket: 2:22-cv-00729
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AKIVA AVIKAIDA ISRAEL, No. 2:22-cv-0729-KJM-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 C. McCLELLAND, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 7, 2024, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. ECF No. 33. In accordance with the provisions 24 of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of 25 this case. 26 The court adopts the findings and recommendations in part. The Magistrate Judge 27 correctly recommends denying the motion for a temporary restraining order based on plaintiff’s 28 failure to show a likelihood of success on the merits—or to raise serious questions about her 1 || success on the merits—of her constitutional claims. See Winter v. Nat. Res. Def. Council, Inc., 2 | 555 US. 7, 20 (2008); All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011); 3 || see also Screening Order, ECF No. 9 (construing claims). Nor has plaintiff demonstrated that 4 || irreparable harm 1s likely absent preliminary injunctive relief, rather than, for example, a remedy 5 || under the Federal Rules of Civil Procedure governing discovery in civil actions. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations (ECF No. 32) are adopted in part as described 8 || above; and 9 2. Plaintiffs May 13, 2024 motion for a temporary restraining order is DENIED. 10 | DATED: January 21, 2025.

12 iA VM STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28