The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
FINDINGS AND RECOMMENDATIONS
Plaintiff is a state prisoner proceeding without counsel. Plaintiff has a long history of mental illness, severe depression, and chronic suicidal thinking. On February 4, 2013, plaintiff filed a motion which this court construes as a motion for a temporary restraining order preventing prison officials at R.J. Donovan Correctional Facility ("RJD") from transferring plaintiff pending resolution of the instant action. As set forth below, the court finds that plaintiff's motion should be denied without prejudice.
II. Motion for Temporary Restraining Order
On January 17, 2013, plaintiff appeared before the Inter Disciplinary Treatment
Team ("IDTT"), which included his psychologist and other mental health clinicians, and plaintiff's level of mental health care was elevated from Correctional Clinical Case Management System ("CCCMS") to the Enhanced Outpatient Program ("EOP") level of care, despite plaintiff's objections.*fn1 Plaintiff claims that because he was assigned EOP status, his Classification Committee put plaintiff up for transfer to plaintiff's first choice, Mule Creek State Prison ("MCSP"), which is in line with plaintiff's custody level, and Corcoran State Prison, which plaintiff objected to because it is a higher security level prison. Plaintiff also objects to the transfer on the following grounds, which he states serve as the basis for the instant motion:
1. Plaintiff receives mental stability from visits from numerous friends who will be unable to visit plaintiff if he is transferred.
2. Plaintiff contends that if he is transferred to MCSP or Corcoran, his level of care will be returned to CCCMS because he does not want to be in the EOP level of care, and then the transfer will have been for nothing.
Plaintiff argues that transferring him to another prison would harm his mental health and state of mind, as stability and continuity of care are critical for his mental health.
To support his request, plaintiff provides the following:
1. The 2013 Mental Health Placement Chrono, which finds that plaintiff meets inclusion criteria for the EOP level of care, that "inclusion is for medical necessity," and notes plaintiff has a GAF score of 45,*fn2 and is prescribed psychotropic medication. (Dkt. No. 75 at 5.)
2. A copy of an August 15, 2007 CDC Form 128C from W.J. White, Psy. D. at MCSP, who states:
This inmate/patient has a type of mental disorder characterized by extremes of emotional instability. Given the above, it is clinically contra-indicated for him to be transferred from Mule Creek State Prison.
This inmate patient's Treatment Plan emphasizes the need for a high level of continuity-of-care and minimal ...