(PC) Stokes v. Cheek et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ANTWONE STOKES,
Plaintiff,
v.
CHEEK, et al.,
Defendants.
Case No. 1:24-cv-00691-BAM (PC)
ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
(ECF No. 43)
TWENTY-ONE (21) DAY DEADLINE
Plaintiff Antwone Stokes (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against
Defendants Cheek, Orcullo, and Alvarez1 (“Defendants”) for failure to protect and denial of
medical care in violation of the Eighth Amendment. All parties have consented to Magistrate
Judge jurisdiction. (ECF No. 32.)
On December 29, 2025, Plaintiff filed a notice with the Court. (ECF No. 43.) Plaintiff
alleges that on December 9, 2025, during pill call and at the direction of a correctional officer, he
was jumped by six inmates and has four fractures in his face due to a letter he sent involving
Defendant Cheek. (Id.) Plaintiff seeks assistance, which the Court construes a motion for
preliminary injunction.
Based on the allegations forwarded by Plaintiff, the Court finds it appropriate for
Defendants to file a response to Plaintiff’s motion. Specifically, Defendants should address not
only Plaintiff’s allegations, but also whether there are any active concerns for Plaintiff’s safety.

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Accordingly, Defendants are HEREBY ORDERED to file a response to Plaintiff’s motion
for preliminary injunction, (ECF No. 43), within twenty-one (21) days from the date of service
of this order.
IT IS SO ORDERED.
Dated: January 5, 2026 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE