Fraher v. Heyne et al

Filing 24

ORDER Denying 22 Plaintiff's Motion Regarding Mail Interference, signed by Magistrate Judge Michael J. Seng on 6/14/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CECILIA FRAHER,

CASE NO.

1:10-cv-0951-MJS (PC)

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Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
REGARDING MAIL INTERFERENCE

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v.
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(ECF No. 22)
DR. S. HEYNE, et al.,

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Defendants.
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Plaintiff Cecilia Fraher (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to

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the Magistrate Judge handling all matters in this action. (ECF No. 6.)

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Before the Court is Plaintiff’s “motion to submit evidence of institutional interference

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in Plaintiff’s access to the court.” (Mot., ECF No. 22.) It is unclear if Plaintiff is asking

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simply to submit evidence to the Court or if she also wishes to move for injunctive relief.

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The Court will apply the standards for both to Plaintiff’s motion.

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I.

MOTION TO SUBMIT EVIDENCE

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The Court has not yet authorized Plaintiff’s Complaint to be served. No opposing

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parties have appeared in the action. There is nothing pending in this matter that would call

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for evidence to be filed with the Court.

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The Court cannot serve as a repository for the parties' evidence (i.e., medical

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records, declarations, etc.). Plaintiff, and any other parties who may appear in this action,

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may not file evidence with the Court until the course of litigation brings the evidence into

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question (for example, on a motion for summary judgment, at trial, or when requested by

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the Court).

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Accordingly, to the extent Plaintiff seeks to submit evidence via her motion, the

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motion is DENIED.

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II.

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MOTION FOR INJUNCTIVE RELIEF
It may be that Plaintiff is asking the Court to grant her injunctive relief in connection

with alleged mail interference at Central California Women’s Facility.

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The purpose of a preliminary injunction is to preserve the status quo if the balance

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of equities so heavily favors the moving party that justice requires the court to intervene to

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secure the positions until the merits of the action are ultimately determined. University of

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Texas v. Camenisch, 451 U.S. 390, 395 (1981). A preliminary injunction is available to a

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plaintiff who “demonstrates either (1) a combination of probable success and the possibility

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of irreparable harm, or (2) that serious questions are raised and the balance of hardship

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tips in its favor.” Arcamuzi v. Continental Air Lines, Inc., 819 F.2d 935, 937 (9th Cir. 1987).

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Under either approach the plaintiff ‘must demonstrate a significant threat of irreparable

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injury.” Id. Also, an injunction should not issue if the plaintiff “shows no chance of success

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on the merits.” Id. At a bare minimum, the plaintiff “must demonstrate a fair chance of

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success on the merits, or questions serious enough to require litigation.” Id.

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Federal courts are courts of limited jurisdiction, and as a preliminary matter, the

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Court must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461

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U.S. 95, 102 (1983); Jones v. City of Los Angeles, 444 F.3d 1118, 1126 (9th Cir. 2006).

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If the Court does not have an actual case or controversy before it, it has no power to hear

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the matter in question. Id.

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Plaintiff’s is proceeding on an Eighth Amendment inadequate medical care claim;

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that claim is the one which presents the controversy pending before the Court. (ECF No.

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14.) No order relating to mail interference at Plaintiff’s institution would remedy the wrong

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for which Plaintiff seeks relief in this action . The Court therefore lacks jurisdiction to issue

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the order sought by Plaintiff.
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Accordingly, to the extent Plaintiff is requesting injunctive relief, Plaintiff’s motion is
DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

June 14, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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