(PC) Cranford v. Badagon, No. 1:2011cv00736 - Document 70 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS Regarding Denial of 48 Motion for Temporary Restraining Order signed by Magistrate Judge Barbara A. McAuliffe on 06/12/2014. Referred to Judge O'Neill; Objections to F&R due by 6/30/2014.(Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ARCHIE CRANFORD, 11 Plaintiff, v. 12 Case No. 1:11-cv-00736-LJO-BAM (PC) FINDINGS AND RECOMMENDATIONS REGARDING DENIAL OF MOTION FOR TEMPORARY RESTRAINING ORDER 13 ANGELA BADAGON, et al., (Doc. 48) 14 Defendants. _____________________________________/ FOURTEEN-DAY DEADLINE 15 Plaintiff Archie Cranford, a civil detainee proceeding pro se and in forma pauperis, filed 16 17 this civil rights action pursuant to 42 U.S.C. § 1983 on May 9, 2011. On March 17, 2014, Plaintiff 18 filed a motion seeking a temporary restraining order prohibiting Defendants Balcagon, Perryman 1 19 and Harder from coming within 50,000 feet of him and mandating that Plaintiff remain in his 20 current housing location. (ECF No. 48.) Defendants filed an opposition on April 30, 2014. (ECF 21 No. 62.) Plaintiff replied on May 9, 2014. (ECF No. 65.) The analysis for a temporary restraining order is substantially identical to that for a 22 23 preliminary injunction, Stuhlbarg Intern. Sales Co., Inc. v. John D. Brush and Co., Inc., 240 F.3d 24 832, 839 n.7 (9th Cir. 2001), and “[a] preliminary injunction is an extraordinary remedy never 25 awarded as of right.” Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24, 129 26 S.Ct. 365, 376 (2008) (citation omitted). “A plaintiff seeking a preliminary injunction must 27 28 1 Defendant Balcagon was sued erroneously as “Angela Badagon.” Defendant Harder was sued erroneously as “Charlotte Havder.” 1 establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the 2 absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is 3 in the public interest.” Id. at 20 (citations omitted). An injunction may only be awarded upon a 4 clear showing that the plaintiff is entitled to relief. Id. at 22 (citation omitted) (emphasis added). 5 In this case, Plaintiff has not demonstrated likelihood of success on the merits, likelihood 6 of irreparable harm, a balance of equities in his favor, or that an injunction is in the public interest. 7 Plaintiff has filed motions in numerous other cases seeking a similar restraining order against the 8 defendants in those cases. See, e.g., Cranford v. Perryman, et al., Case No. 1:13-cv-00763-BAM, 9 ECF No. 21; Cranford v. Crawford, Case No. 1:14-cv-00055-MJS, ECF No. 13; Cranford v. 10 Wyatt, Case No. 1:14-cv-00136-DLB, ECF No. 8; Cranford v. Ceballos, 1:14-cv-00210-BAM, 11 ECF No. 7; Cranford v. Palos, 1:14-cv-00242-SKO, ECF No. 8. 12 Accordingly, IT IS HEREBY RECOMMENDED that Plaintiff’s motion for a temporary 13 restraining order, filed on March 17, 2014, be DENIED. Fed. R. Civ. P. 65; Local Rule 231; 14 Winter, 555 U.S. at 24. 15 These findings and recommendations will be submitted to the United States District Judge 16 assigned to the case, pursuant to the provisions of Title 28 U.S.C.§ 636(b)(l). Within fourteen (14) 17 days after being served with these findings and recommendations, Plaintiff may file written 18 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 19 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 20 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 21 1153 (9th Cir. 1991). 22 23 24 25 IT IS SO ORDERED. Dated: /s/ Barbara June 12, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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