James v. Wilber et al

Filing 23

ORDER DISREGARDING 21 Motion, Signed by Magistrate Judge Dennis L. Beck on 4/29/2009. (Arellano, S.)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RICKY W. JAMES, 10 11 v. Plaintiff, CASE NO. 1:08-cv-00351-LJO-DLB PC ORDER DISREGARDING MOTION (Doc. 21)

UNITED STATES DISTRICT COURT

12 J. WILBER, et al., 13 14 / 15 16 17 Plaintiff Ricky W. James ("Plaintiff") is a state prisoner proceeding pro se and in forma Defendants.

18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against 19 defendants Wilber, Siene and Johnson for deliberate indifference to a serious medical need, in 20 violation of the Eighth Amendment. (Doc. 22). 21 On February 25, 2009, Plaintiff filed a motion entitled, "Motion: Recommending Defendants

22 Actions of Harassment and Malicious be Noted and Placed on Record". (Doc. 21). In his motion, 23 Plaintiff complains that he was transferred to a different facility immediately after filing this suit. 24 Plaintiff further complains of harassment by prison staff at his current facility. 25 /// 26 /// 27 /// 28 /// 1

1

Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court must

2 have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 3 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and 4 State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982); Jones v. City of Los Angeles, 444 F.3d 5 1118, 1126 (9th Cir. 2006). If the court does not have an actual case or controversy before it, it has 6 no power to hear the matter in question. Id. 7 In this instance, the events at issue in this action arose while plaintiff was incarcerated at the

8 California State Prison - Corcoran. (Doc. 1.) Plaintiff is currently housed at Pelican Bay State 9 Prison and the relief sought is aimed at remedying his current conditions of confinement at that 10 prison. Plaintiff also complains of conduct by individuals other than the defendants named in this 11 action. The court does not have jurisdiction in this action to issue the relief sought, as the case or 12 controversy requirement cannot be met in light of the fact that the issues plaintiff seeks to remedy 13 in his motions bear no relation to the past events at California State Prison - Corcoran giving rise to 14 this suit. 15 Accordingly, Plaintiff's motion, filed February 25, 2009, is HEREBY ORDERED

16 DISREGARDED. 17 18 19 3b142a 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated:

April 29, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE