Polanco v. Department of Corrections et al
Filing
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ORDER denying 23 Motion for TRO signed by Magistrate Judge Barbara A. McAuliffe on 11/22/2011. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RIGOBERTO POLANCO,
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CASE NO. 1:11-cv-01421-BAM PC
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION FOR
A TEMPORARY RESTRAINING ORDER
v.
(ECF No. 23)
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DEPARTMENT OF CORRECTIONS, et al.,
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Defendants.
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/
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Plaintiff Rigoberto Polanco (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The complaint in this action was
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filed on September 16, 2011, and is currently pending screening. On November 18, 2011, Plaintiff
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filed a motion for a temporary restraining order. Plaintiff does not state who a restraining order is
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sought against or what conduct is to be restrained. It appears from the pleading that Plaintiff is
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seeking a court hearing to address his concerns regarding the complaint before trial. As Plaintiff was
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previously informed in the order issued November 3, 2011, the Court does not find that a hearing
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is necessary at this stage of the proceedings. Plaintiff’s complaint will be screened in due time and
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an order will issue notifying Plaintiff of any further action required.
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Accordingly, Plaintiff’s motion for a temporary restraining order is HEREBY DENIED.
IT IS SO ORDERED.
Dated:
10c20k
November 22, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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