Ahdom v. Lopez et al

Filing 123

ORDER Adopting FINDINGS AND RECOMMENDATIONS Regarding Plaintiff's Motions For Temporary Restraining Order And Requests For Judicial Notice (ECF Nos. 106 , 107 , 108 , 109 , 110 , 111 , 116 , 119 ), signed by District Judge Anthony W. Ishii on 6/30/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) 1:09-cv-01874-AWI-BAM (PC)
)
Plaintiff,
) ORDER ADOPTING FINDINGS AND
) RECOMMENDATIONS REGARDING
v.
) PLAINTIFF’S MOTIONS FOR
) TEMPORARY RESTRAINING ORDER
S. LOPEZ, et al.,
) AND REQUESTS FOR JUDICIAL NOTICE
) (ECF Nos. 106, 107, 108, 109, 110, 111, 116,
Defendants.
) 119)
)
)
)
______________________________________________________________________________
Plaintiff Bilal Ahdom (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S. C. § 1983 on October 26, 2009. This

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action proceeds against Defendants Araich, Chen, Shittu, Ashby, S. Lopez, Spaeth and Schaefer

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for deliberate indifference to Plaintiff’s medical needs in violation of the Eighth Amendment.

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BILAL AHDOM,

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On May 14, 2014, the Magistrate Judge issued Findings and Recommendations that

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Plaintiff’s requests for judicial notice be denied and that Plaintiff’s motions for a temporary

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restraining order be denied. The Findings and Recommendations were served on the parties and

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contained notice that any objections were to be filed within fourteen (14) days after service. On

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May 29, 2014, Plaintiff filed objections. (ECF No. 121.) Defendant Ashby filed a reply to the

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objections on June 5, 2014. (ECF No. 122.) No other objections or responses were filed.

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Plaintiff first objects to the Magistrate Judge’s recommendation regarding denial of the

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requests for judicial notice. Plaintiff contends that affidavits are an appropriate source of facts or

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information in support of a motion for preliminary injunctive relief. Although Plaintiff correctly
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notes that affidavits may provide relevant facts and information, the Magistrate Judge did not err

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in finding that such supporting affidavits are not properly subject to judicial notice. Fed. R.

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Evid. 201(b). Plaintiff appears to believe that by recommending denial of judicial notice the

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Magistrate Judge failed to consider Plaintiff’s supporting affidavits. However, the Magistrate

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Judge expressly indicated that the allegations in Plaintiff’s requests for judicial notice would be

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considered in connection with the motion for injunctive relief. (ECF No. 119, p. 2.)

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Plaintiff also contends that the Magistrate Judge erred because Plaintiff met the standards

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for preliminary injunctive relief and demonstrated harassment, obstruction from accessing the

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courts, denial of his legal papers and resources and denial of medical care. However, the

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Magistrate Judge correctly determined, and Plaintiff admits, that the persons against whom he

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seeks injunctive relief are not defendants in this action. (ECF No. 119, p. 3; ECF No. 121, p. 3.)

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Plaintiff’s assertion that the Magistrate Judge erred by recommending denial of the motions after

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ordering defendants to respond is unpersuasive. That the Magistrate Judge ordered a response

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from defendants in this action does not confer jurisdiction over non-parties.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

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a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s

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objections, the Court finds the findings and recommendations to be supported by the record and

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by proper analysis.

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Accordingly, it is HEREBY ORDERED as follows:

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1. The Findings and Recommendations issued on May 14, 2014, are adopted in full;

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2. Plaintiff’s requests for judicial notice are DENIED; and

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3. Plaintiff’s motions for a temporary restraining order are DENIED.

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IT IS SO ORDERED.

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Dated: June 30, 2014

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SENIOR DISTRICT JUDGE

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