Lamon v. Adams et al
Filing
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FINDINGS and RECOMMENDATIONS to Deny Plaintiff's 287 Motion Requesting Access to Case Files and Legal Materials for Lack of Jurisdiction signed by Magistrate Judge Jennifer L. Thurston on 10/6/2015. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 11/9/2015. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BARRY LOUIS LAMON,
Plaintiff,
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v.
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ADAMS, et al.,
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Defendants.
Case No.: 1:09-cv-00205-LJO-JLT (PC)
FINDINGS AND RECOMMENDATIONS TO
DENY PLAINTIFF'S MOTION REQUESTING
ACCESS TO CASE FILES AND LEGAL
MATERIALS FOR LACK OF JURISDICTION
(Doc. 287)
30-DAY DEADLINE
Barry Louis Lamon, is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action pursuant to 42 U.S.C. § 1983. In his complaint, Plaintiff alleges Defendants used
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excessive force when they forced him to take his medication. On September 21, 2015, Plaintiff filed a
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motion seeking assistance from the Court to gain access to his case files and materials. (Doc. 287.)
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This motion is construed as a motion seeking injunctive relief.
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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 it
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an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 1665
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(1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S.
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464, 471 (1982). If the Court does not have an actual case or controversy before it, it has no power to
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hear the matter in question. Id. Requests for prospective relief are further limited by 18 U.S.C. '
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3626(a)(1)(A) of the Prison Litigation Reform Act, which requires that the Court find the Arelief
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[sought] is narrowly drawn, extends no further than necessary to correct the violation of the Federal
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right, and is the least intrusive means necessary to correct the violation of the Federal right.@
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Regardless, the pendency of this action does not give the Court jurisdiction over prison
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officials in general or over Plaintiff=s mail issues. Summers v. Earth Island Institute, 555 U.S. 488,
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492-93 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). The Court=s jurisdiction
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is limited to the parties in this action and to the cognizable legal claims upon which this action is
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proceeding. Summers, 129 S.Ct. at 1148-49; Mayfield, 599 F.3d at 969.
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Plaintiff does not seek the temporary restraining order and/or preliminary injunction against
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any of the Defendants who remain in this action. AA federal court may issue an injunction if it has
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personal jurisdiction over the parties and subject matter jurisdiction over the claim; it may not attempt
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to determine the rights of persons not before the court.@ Zepeda v. United States Immigration Service,
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753 F.2d 719, 727 (9th Cir. 1985) (emphasis added). Thus, Plaintiff=s motion must be denied for lack
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of jurisdiction over "Correctional Officer Personnel at California State Prison in Tehachapi, County of
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Kern, California." (See Doc. 287.)
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This action cannot provide redress for the difficulties Plaintiff is having accessing his case files
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and materials. The issue is not that Plaintiff=s allegations are not serious, or that Plaintiff is not entitled
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to relief if sought in the proper forum. The seriousness of Plaintiff=s accusations concerning his
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inability to access his case files and materials cannot and do not overcome what is a jurisdictional bar.
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Steel Co., 523 U.S. at 103-04 (A[The] triad of injury in fact, causation, and redressability constitutes
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the core of Article III=s case-or-controversy requirement, and the party invoking federal jurisdiction
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bears the burden of establishing its existence.@) This action is simply not the proper vehicle for
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conveyance of the relief Plaintiff seeks.
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Accordingly, it is HEREBY RECOMMENDED that Plaintiff=s motion to assist him in
accessing his case files and materials, filed September 21, 2015 (Doc. 287), be denied.
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These Findings and Recommendations will be 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 30 days after
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being served with these Findings and Recommendations, the parties may file written objections with
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the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and
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Recommendations.” The parties are advised that failure to file objections within the specified time
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may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)
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(citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
October 6, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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