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Davis v. Pineda

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 15, 2008

CHARLES T. DAVIS, PLAINTIFF,
v.
PINEDA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION (Doc. 12)

Plaintiff Charles T. Davis ("Plaintiff") is a state prisoner who was proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was dismissed by order filed September 8, 2008, based on Plaintiff's failure to exhaust prior to filing suit. 42 U.S.C. § 1997e(a).

On September 2, 2008, Plaintiff filed a motion seeking a preliminary injunction.*fn1 Because this action has been dismissed for failure to exhaust, the Court has no jurisdiction to issue any orders directed at remedying Plaintiff's conditions of confinement. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982); Jones v. City of Los Angeles, 444 F.3d 1118, 1126 (9th Cir. 2006). Plaintiff's motion is HEREBY DENIED.

IT IS SO ORDERED.


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