James v. Wilber et al

Filing 40

ORDER DENYING Plaintiff's 38 , 39 Motions, signed by Magistrate Judge Dennis L. Beck on 10/7/2009. (Sondheim, M)

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-DLB (PC) ORDER DENYING PLAINTIFF'S MOTIONS (Docs. 38, 39)

UNITED STATES DISTRICT COURT

12 J. WILBER, et al., 13 14 15 16 I. 17 Order 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. On October 5, 2009, Plaintiff 19 filed two motions. One motion was entitled, "Notice of Motion and default to defendants refusal 20 to comply with court order and deadlines and F.R.C.P." (Doc. 38.) The other motion was 21 entitled, "Notice of Motion. Informative harassment refusal of law library, copies, access to 22 court." (Doc. 39.) The Court addresses each motion below. 23 24 A. Motion One

Plaintiff contends in the first motion that Defendants failed to comply with a court order

25 when Defendants allegedly filed notice of decline of magistrate judge jurisdiction on September 26 9, 2009. (Doc. 38, Pl.'s Mot. 3.) This late notice was filed in error by the Clerk's office. 27 Defendants' consent to jurisdiction by a magistrate judge remains in effect. Accordingly, 28 Plaintiff's first motion, filed on October 5, 2009, is DENIED as moot. 1

1 2

B.

Motion Two

Plaintiff contends that Pelican Bay State Prison, where Plaintiff is currently housed, failed

3 to comply with its own regulations regarding access to the law library and equipment. (Doc. 39, 4 Pl.'s Mot. 2.) Plaintiff seeks sanctions against Pelican Bay State Prison/California Department of 5 Corrections and Rehabilitation, as well as a court order for the harassment to cease. (Doc. 39, 6 Pl.'s Mot. 3.) The Department of Corrections and Rehabilitation is not a party to this action, and 7 injunctive relief is thus beyond the scope of the Court's jurisdiction. See Zepeda v. U.S. INS, 8 753 F.2d 719, 727 (9th Cir. 1985) ("A federal court may issue an injunction if it has personal 9 jurisdiction over the parties and subject matter jurisdiction over the claim; it may not attempt to 10 determine the rights of persons not before the court."). Plaintiff's second motion, filed on 11 October 5, 2009, is DENIED. 12 II. 13 Conclusion and Order Accordingly, the Court HEREBY ORDERS that Plaintiff's motions, filed on October 5,

14 2009, are DENIED. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 3b142a

October 7, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE