Uribe v. McKesson et al

Filing 140

ORDER Denying Plaintiff's Motion for Equitable Relief 131 and Granting the Modification of Writ of Habeas Corpus 98 ; ORDER Striking Plaintiff's Application for Order Shortening 134 , signed by Magistrate Judge Sandra M. Snyder on 4/8/11. (Verduzco, M)

(PC) Uribe v. McKesson et al

Doc. 140

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 / (ECF No. 134) 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Cesar Uribe ("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 is proceeding on Plaintiff's complaint, filed August 29, 2008, against Defendants McKesson, Martinez, and Zaragosa for retaliation in violation of the First Amendment. On April 1, 2011, Plaintiff filed a motion for equitable relief, or alternatively, modification of the writ of habeas corpus ad testificandum. On April 4, 2011, Plaintiff filed an application for an order shortening time. The application for an order shortening time will be stricken from the record as unnecessary. Plaintiff is seeking an order from the Court prohibiting the Correctional Training Facility and State Prison ("CTFSP") in Soledad and California Substance Abuse Treatment Facility and State Prison ("CSATFSP") in Corcoran from altering the job assignments or status of himself or his witnesses in any adverse manner due to their attendance at the trial in this matter. For each form of relief sought, Plaintiff must demonstrate standing. Mayfield v. United States, 599 F.3d 964, 969 (9th 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

CESAR URIBE, Plaintiff, v. J. McKESSON, et al.,

CASE NO. 1:08-cv-01285-SMS PC ORDER DENYING PLAINTIFF'S MOTION FOR EQUITABLE RELIEF AND GRANTING THE MODIFICATION OF WRIT OF HABEAS CORPUS AD TESTIFICANDUM (ECF No. 131) Defendants. ORDER STRIKING PLAINTIFF'S APPLICATION FOR ORDER SHORTENING TIME

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Cir. 2010) (citing Friends of the Earth, Inc. v. Laidlaw Envtl. Serv. Inc., 528 U.S. 167, 185 (2000)), petition for cert. filed, 79 U.S.L.W. 3007 (U.S. Jun. 22, 2010) (No. 09-1561). While Plaintiff has standing to seek damages for the past violation of his rights by Defendants McKesson, Martinez, and Zaragosa, he has no standing to seek the equitable relief requested. Plaintiff's claims against Defendants McKesson, Martinez, and Zaragosa arise from the alleged retaliation on February 22, 2007, while he was housed at CSATFSP. Plaintiff and inmates Fernando Monges and Gilbert Vaiza are currently incarcerated at the CTFSP and inmate Quiroz is incarcerated at CSATFSP. Because there is no ongoing injury resulting from the retaliation in 2007 that is capable of being redressed through the equitable relief requested, there is no prospective relief available to Plaintiff in this action. Mayfield, 599 F.3d at 969 (citations omitted); 18 U.S.C. § 3626(a)(1)(A). Additionally, the Prison Litigation Reform Act places limitations on injunctive relief. Section 3626(a)(1)(A) provides in relevant part, "[p]rospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right." 18 U.S.C. § 3626(a)(1)(A). The relief requested by Plaintiff is not related to the underlying claims that Defendants retaliated against him. Since the relief sought would not remedy the violation of the Federal right at issue here, the Court cannot grant the requested relief and Plaintiff's motion for equitable relief shall be denied. Alternately, Plaintiff requests that the writ of habeas corpus ad testificandum be amended and Carlos Quiroz be removed from his application for writ of habeas corpus ad testificandum. The Court will grant Plaintiff's request and no writ of habeas corpus ad testificandum will be issued for Carlos Quiroz. Accordingly, it is HEREBY ORDERED that: 1. Plaintiff's application for an order shortening time filed April 4, 2011, is STRICKEN; 2. Plaintiff's motion for equitable relief filed April 1, 2011, is DENIED; and 2

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3.

Plaintiff's motion for a writ of habeas corpus ad testificandum filed December 6, 2010, is MODIFIED and inmate Carlos Quiroz is removed from the motion.

IT IS SO ORDERED. Dated: icido3 April 8, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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