FINDINGS AND RECOMMENDATIONS
DEBORAH BARNES, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. No other parties have appeared in this action.
Before the court is plaintiff's motion for a protective order. (ECF No. 19.) Though not entirely clear, it appears plaintiff seeks an order directing staff members at California Medical Facility ("CMF") in Vacaville, California to refrain from denying plaintiff equal access to programs, from failing to properly heat his cells, from opening his confidential mail, and from retaliating against him for filing of grievances.
I. Legal Standards
The court construes plaintiff's motion for a protective order as a motion for a temporary restraining order. The purpose of a temporary restraining order is to preserve the status quo before a preliminary injunction hearing may be held; its provisional remedial nature is designed merely to prevent irreparable loss of rights prior to judgment.
The standard for issuing a temporary restraining order is identical to the standard for a preliminary injunction.
A preliminary injunction may issue where the plaintiff demonstrates the existence of serious questions going to the merits and the hardship balance tips sharply toward the plaintiff, assuming the other two elements of the
In cases brought by prisoners involving conditions of confinement, any preliminary injunction must be narrowly drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be the least intrusive means necessary to correct the harm. 18 U.S.C. § 3626(a)(2).
On June 8, 2017, the court screened plaintiff's complaint and dismissed it with leave to amend for violating the joinder requirement of Federal Rule of Civil Procedure 20. A first amended complaint has not yet been filed. Thus, at this stage of the proceedings, there is no operative pleading. The court therefore cannot opine that plaintiff is likely to succeed on the merits of his claims.
Furthermore, no defendants have yet appeared in this action, and the court does not have jurisdiction to order injunctive relief which would require directing parties not before the court to take action.
Finally, plaintiff seeks protection from CMF staff members. Plaintiff has since been transferred to R.J. Donovan Correctional Facility in San Diego, California.
Based on the foregoing, IT IS HEREBY RECOMMENDED that plaintiff's motion for a protective order (ECF No. 18) be DENIED.
These findings and recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within fourteen (14) days after being served with the findings and recommendations, Plaintiff may file written objections with the Court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may result in the waiver of rights on appeal.