Morgan v. Tilton et al

Filing 63

FINDINGS and RECOMMENDATIONS Recommending That Plaintiff's 54 MOTION for Preliminary Injunctive Relief by Denied, signed by Magistrate Judge Gary S. Austin on 7/16/2012, referred to Judge O'Neill. Objections to F&R Due Within Thirty Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELLY MORGAN,

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1:08-cv-00233-LJO-GSA-PC
Plaintiff,

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v.

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FINDINGS AND RECOMMENDATION,
RECOMMENDING THAT PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTIVE RELIEF BE DENIED
(Doc. 54.)

TILTON, et al.,

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OBJECTIONS, IF ANY, DUE WITHIN
THIRTY DAYS

Defendants.
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/
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I.

BACKGROUND

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Kelly Morgan (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on February 15,

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2008. (Doc. 1.) On December 8, 2011, Plaintiff filed a motion for the Court to act on his behalf to

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stop retaliation and other abuses against him by prison officials at Kern Valley State Prison

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(“KVSP”). (Doc. 100.) Plaintiff’s motion is now before the Court.

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II.

PRELIMINARY INJUNCTIVE RELIEF

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“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v.

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Natural Resources Defense Council, Inc., 129 S.Ct. 365, 376 (2008) (citation omitted). “A plaintiff

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seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is

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likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips
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in his favor, and that an injunction is in the public interest.” Id. at 374 (citations omitted). An

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injunction may only be awarded upon a clear showing that the plaintiff is entitled to relief. Id. at 376

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(citation omitted) (emphasis added).

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Federal courts are courts of limited jurisdiction and in considering a request for preliminary

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injunctive relief, the Court is bound by the requirement that as a preliminary matter, it have before

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it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660,

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1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc.,

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454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the Court does not have an actual case or

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controversy before it, it has no power to hear the matter in question. Id. Requests for prospective

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relief are further limited by 18 U.S.C. § 3626(a)(1)(A) of the Prison Litigation Reform Act, which

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requires that the Court find the “relief [sought] is narrowly drawn, extends no further than necessary

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to correct the violation of the Federal right, and is the least intrusive means necessary to correct the

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violation of the Federal right.”

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Plaintiff has requested the Court to act on his behalf to stop retaliation and other abuses

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against him by prison officials at Kern Valley State Prison (“KVSP”), where Plaintiff is presently

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incarcerated. Specifically, Plaintiff requests the Court to notify the Warden about what is happening

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to him and to do “something” to offer him relief. (Motion, Doc. 54 at 2.) Plaintiff alleges that he

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has been placed in administrative segregation in the mental health care unit out of retaliation by

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Officers J. Burmudez and G. Smith, because of this lawsuit.

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The Court lacks jurisdiction to grant Plaintiff’s request for relief in this action. The action

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requested by Plaintiff would not remedy any of the claims upon which this action proceeds. This

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action is proceeding only against defendant C/O M. Hernandez based on events occurring at Pleasant

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Valley State Prison in 2007 when Plaintiff was incarcerated there. Plaintiff is now incarcerated at

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KVSP and requests the Court to act based on present events. Because such action is not related to

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the claims upon which this action proceeds, the Court lacks jurisdiction to offer the relief requested

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by Plaintiff, and Plaintiff’s motion must be denied.

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III.

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Based on the foregoing, IT IS HEREBY RECOMMENDED that Plaintiff’s motion for

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CONCLUSION AND RECOMMENDATION

preliminary injunctive relief, filed on December 8, 2011, be DENIED.

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These findings and recommendation are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty days

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after being served with these findings and recommendations, Plaintiff may file written objections

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with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings

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and Recommendations." Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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IT IS SO ORDERED.

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Dated:
6i0kij

July 16, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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