(PC) Cox v. Daram ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST LEE COX, Jr., No. 2:20-cv-1295 KJM DB P 12 Plaintiff, 13 v. ORDER 14 VASUKI DARAM, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 17, 2020, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within thirty days. Plaintiff has filed objections to 23 the findings and recommendations, and defendants a response to the objections. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by the proper analysis. The 27 court sympathizes with Mr. Cox’s concerns about the side effects of sleep apnea and the 28 limitations currently imposed on CPAP machines as a result of the ongoing coronavirus 1 pandemic. See generally Objections, ECF No. 15. These concerns, however, do not show that he 2 is likely to succeed on the merits of his legal claims, that he will suffer irreparable harm if he is 3 not immediately permitted to use a CPAP machine, that the balance of equities falls in his favor, 4 or that a temporary restraining order would serve the public interest. See Winter v. Natural Res. 5 Def. Council, 555 U.S. 7, 20 (2008). 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed August 17, 2020, are adopted in full; and 8 2. Plaintiff’s motion for a temporary restraining order (ECF No. 1) is denied. 9 DATED: November 5, 2020. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28