United States District Court, C.D. California
PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT
CIVIL MINUTES - GENERAL
(in chambers): ORDER DENYING PLAINTIFF'S MOTION FOR AN
FBI INVESTIGATION [Docket No. 67.]
matter is before the Court on The Court on Plaintiff Tim
Davis's ("Plaintiff") Motion to Request an FBI
Investigation, filed on June 11, 2019 ("Motion").
Defendants C.O. Avalos and C.O. Junes (collectively
"Defendants") opposed Plaintiff's Motion on
June 18, 2019 ("Opposition"). T h e C o u r t found
the matter suitable for disposition without oral argument.
See Fed. R. Civ. P. 78(b). F o r t h e following
reasons, the Court DENIES Plaintiff's
FACTUAL AND PROCEDURAL BACKGROUND
January 3, 2018, Plaintiff, a prisoner in the custody of the
California Department of Corrections and Rehabilitation
("CDCR"), sent a letter to the Clerk of the U.S.
District Court for the Northern District of California about
prison conditions. (See ECF. No. 1.) The Clerk
directed Plaintiff to file a complaint using the
district-approved form. (See ECF No. 2.) Plaintiff
did so, constructively filing a Complaint under 42 U.S.C.
§ 1983 on February 8, 2018 ("Complaint").
(See ECF. No. 6.) Plaintiff's Complaint alleges
that Defendants Debbie Asuncion, M. Schneider, J. Asadorian,
E. K.O., and Does 1-10 violated his rights under the Civil Rights
Act, 42 U.S.C. § 1983. (Compl. 1, ECF No. 6.)
Specifically, Plaintiff alleges that Defendants retaliated
against him, assaulted and battered him, and harassed him,
causing him mental and emotional distress. (Id.)
Plaintiff seeks punitive and compensatory damages.
the Complaint asserted claims against correctional staff at a
prison located in this District-California State Prison in
Lancaster, CA-the case was transferred to the Central
District of California. (ECF. No. 8.) On March 7, 2018,
Plaintiff's case was assigned to Judge Ronald S.W. Lew
and referred to Magistrate Judge Karen E. Scott. (See ECF No.
10.) Subsequently on March 12, 2018, the case was returned
for random reassignment and sent to this Court for all
further proceedings. (See ECF No. 11.)
March 15, 2018, Magistrate Judge Karen E. Scott
("M.J.") dismissed a portion of Plaintiff's
Complaint with leave to amend in order to correct
deficiencies identified in her order. (See ECF No.
13.) On April 23, 2018, Plaintiff dismissed the case as to
Defendants J. Asadorian, Debbie Asuncion, J. Curiel, M.
Fordham, E. Ko, and M. Schneider. (See ECF No. 14.)
On May 21, 2018, Plaintiff moved to be appointed counsel
which the M.J. denied on Mat 25, 2018. (See ECF Nos.
19, 20.) On May 29, 2018, Plaintiff filed a motion to compel
discovery of all exculpatory evidence in his case which the
M.J. denied on July 13, 2018. (See ECF Nos. 21, 23.)
On September 11, 2018, Defendants C.O. Junes and C.O. Avalos
moved for summary judgment which the Court denied on November
27, 2018. (See ECF Nos. 36, 54.) On October 1, 2019,
Plaintiff filed another motion to compel which this Court
granted in part and denied in part on November 27, 2018.
(See ECF Nos. 41, 54.) On October 23, 2018,
Plaintiff dismissed the case as to Defendants Bernal, Correa,
M. Diaz, K. Estrada, Hates, A. Houston, Millegas, Olmeda, D.
Schneider, and Young. (See ECF No. 47.) The sole
remaining Defendants are C.O. Junes and C.O. Avalos.
4, 2019, Plaintiff moved to enjoin Defendants, their successors
in office, agents, employees, and all other persons acting in
concert and participation with them from conspiring and
colluding to kill him, putting chemicals in his Jewish kosher
meals, putting razor blades in his Jewish kosher diet meals,
engaging in undue familiarity with inmates so they can attack
him, and anything that put Plaintiff's personal safety in
danger and violated his constitutional rights (the
"Injunction Motion"). (Mot. 2, ECF No. 61.)
Plaintiff also sought to be awarded a single cell for his
personal safety. (Id.) On June 12, 2019, the Court
denied Plaintiff's Injunction Motion. (See ECF
moves to request an FBI investigation because he claims that
"kitchen and correctional staff" are opening and
tampering with his kosher diet meals. (Mot. 2-3, ECF No. 67.)
Plaintiff also claims that an Officer DeLa Torre sexually
assaulted him on June 9, 2019. (Id. at 3.) Plaintiff
does not allege involvement by C.O.'s Avalos or Junes in
his Motion, and the individuals he names are not parties to
the action. (Mot. 2-5; see generally Compl., ECF No.
standard for issuing a temporary restraining
order is identical to the standard for issuing a
preliminary injunction." Lockheed Missile &
Space Co. v. Hughes Aircraft Co., 887 F.Supp. 1320, 1323
(N.D. Cal. 1995) (applying standard to a request for a
temporary restraining order); see also Arcamuzi v.
Cont'l Air Lines, Inc., 819 F.2d 935, 937 (9th Cir.
1987) (applying same standard for a preliminary injunction).
A plaintiff seeking a preliminary injunction must establish
that: (1) she is likely to succeed on the merits; (2) she is
likely to suffer irreparable harm in the absence of
preliminary relief; (3) the balance of equities tips in his
favor; and (4) an injunction is in the public interest.
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