Ahdom v. Lopez et al

Filing 84

ORDER Denying Plaintiff's Motion For Injunctive Relief (ECF No. 48 ), signed by District Judge Anthony W. Ishii on 9/27/2013. (Fahrney, E)

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EASTERN DISTRICT OF CALIFORNIA

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BILAL AHDOM,

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Plaintiff,
v.
S. LOPEZ, et al.,

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Defendants.

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1:09-cv-01874-AWI-BAM (PC)
ORDER DENYING PLAINTIFF‟S MOTION
FOR INJUNCTIVE RELIEF
(ECF No. 48)

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I.

Background

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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. The Court screened

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Plaintiff‟s first amended complaint, filed on September 14, 2010, and found that it stated a

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cognizable Eighth Amendment claim for deliberate indifference to serious medical needs against

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Defendants Araich, Chen Shittu, Ashby, S. Lopez, Spaeth, and Schaefer arising from events at

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Kern Valley State Prison (“KVSP”). (ECF No. 13, 31.) Defendants Lopez, Chen, Schaefer and

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Spaeth answered the first amended complaint on July 19, 2012. (ECF No. 37.)

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On September 17, 2012, Plaintiff filed a motion for a temporary injunction requesting an

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order directing medical staff at Corcoran Substance Abuse Treatment Facility to provide him

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with effective pain medications and proper housing. (ECF No. 48.)

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On November 8, 2012, Defendant Ashby filed a motion to dismiss the first amended
complaint allegations against him. (ECF No. 53.)

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On November 13, 2012, Defendants Shittu and Araich answered the first amended

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complaint. (ECF No. 54.)
On June 26, 2013, the Court granted Defendant Ashby‟s motion to dismiss. The Court

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dismissed Plaintiff‟s first amended complaint and granted him leave to amend his Eighth

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Amendment claim against Defendant Ashby. (ECF No. 74.) On August 29, 2013, Plaintiff filed

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a second amended complaint that named only Defendant Ashby. (ECF No. 77.)

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As it was unclear whether Plaintiff intended to proceed solely against Defendant Ashby

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or whether he failed to understand that he could continue to pursue his claims against all

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defendants, the Court directed Plaintiff to inform the Court if he intended to proceed only against

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Defendant Ashby or if he intended to proceed against all defendants, including Defendant

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Ashby, and he required additional time to file an amended complaint. (ECF No. 78.)

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On September 20, 2013, Plaintiff clarified his intent to file a third amended complaint

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against all defendants and sought leave to amend. On September 23, 2013, the Court granted

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Plaintiff leave to file a third amended complaint within thirty (30) days. (ECF No. 82.) The time

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for Plaintiff to file an amended complaint has not passed.

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II.

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As noted above, Plaintiff filed the instant motion for temporary restraining order on

Discussion

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September 17, 2012. By the motion, Plaintiff seeks an order to show cause directed at Corcoran

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Substance Abuse Treatment Facility (“CSATF”) regarding discontinuance of his pain medication

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and denial of appropriate housing. Plaintiff appears to seek reinstatement of certain pain

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medication and a change in his housing assignment. Plaintiff‟s request is a form of injunctive

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relief.

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As a threshold matter, Plaintiff must establish that he has standing to seek preliminary

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injunctive relief. Summers v. Earth Island Institute, 555 U.S. 488, 493, 129 S. Ct. 1142, 1149

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(2009) (citation omitted); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010) (citation

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omitted). Plaintiff “must show that he is under threat of suffering „injury in fact‟ that is concrete

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and particularized; the threat must be actual and imminent, not conjectural or hypothetical; it

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must be fairly traceable to challenged conduct of the defendant; and it must be likely that a
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favorable judicial decision will prevent or redress the injury.” Summers, 555 U.S. at 493, 129 S.

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Ct. at 1149 (citation omitted); Mayfield, 599 F.3d at 969.

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Plaintiff currently does not have an operative complaint. However, the underlying

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medical care claims at issue in this matter arise from events which occurred at KVSP. Plaintiff is

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no longer housed at KVSP. Accordingly, Plaintiff‟s request for injunctive relief directed at

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remedying his current conditions of confinement at CSATF is beyond the scope of this action.

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As a general rule, this court is unable to issue an order against individuals who are not parties to

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a suit pending before it. Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 110-12,

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89 S.Ct. 1562, 1569-70 (1969).

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III.

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For the reasons identified above, Plaintiff‟s motion for a preliminary injunction is

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Conclusion and Order

HEREBY DENIED.

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IT IS SO ORDERED.

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Dated: September 27, 2013

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SENIOR DISTRICT JUDGE
DEAC_Signature-END:

0m8i788

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