Irvin v. Yates, et al.

Filing 21

FINDINGS and RECOMMENDATIONS recommending that Plaintiff's Motion for Injunctive Relief, filed December 28, 2011, be DENIED; re 12 MOTION for PRELIMINARY INJUNCTION filed by Kajauna Kenyatta Irvin ; referred to Judge Ishii,signed by Magistrate Judge Gerald B. Cohn on 7/30/2011. Objections to F&R due by 9/6/2011 (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KAJAUNA KENYATTA IRVIN,

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CASE NO. 1:10-cv-01940-GBC (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS
RECOMMENDING DENYING REQUEST
FOR INJUNCTIVE RELIEF

v.
JAMES A. YATES, et al.,

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(Doc. 12)

Defendants.

OBJECTIONS DUE WITHIN THIRTY DAYS
/

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I.

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Plaintiff Kajauna K. Irvin (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 2000cc-1 (the Religious Land Use and

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Institutionalized Persons Act of 2000 (“RLUIPA”)). Plaintiff originally filed the action in the Fresno

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County Superior Court as case No. 10 CECG 03023 on August 30, 2010. Defendants removed this

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action on October 14, 2010. (Doc. 2). On November 3, 2010, Plaintiff filed the first amended

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complaint. (Doc. 5). Plaintiff’s claims arise from events that occurred while Plaintiff was at

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Pleasant State Valley Prison at Coalinga, California. (Doc. 5). Plaintiff is currently housed at the

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Richard J. Donovan Correctional Facility, in San Diego, California. (Docs. 19, 20). On December

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28, 2010, Plaintiff filed a motion for injunctive relief to obtain certain religious accommodations.

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(Doc. 12).

Procedural History

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II.

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“A preliminary injunction is an extraordinary remedy never awarded as a matter of

Preliminary Injunction

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Winter v. Natural Resources Defense Council, Inc., 129 S.Ct. 365, 376

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right.”

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(2008)(citation omitted). “A plaintiff seeking a preliminary injunction must establish that

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he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence

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of preliminary relief, that the balance of equities tips in his favor, and that an injunction is

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in the public interest.” Id. at 374 (citations omitted). An injunction may only be awarded

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upon a clear showing that the plaintiff is entitled to relief.

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omitted)(emphasis added). The Ninth Circuit has made clear that “[T]o the extent that our

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cases have suggested a lesser standard, they are no longer controlling, or even viable.”

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McDermott v. Ampersand Pub., LLC, 593 F.3d 950 (9th Cir. 2010), quoting Am. Trucking

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Ass’ns, Inc. v. City of Los Angeles, 559 F.3d 1046, 1052 (9th Cir. 2009). The moving party

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has the burden of proof on each element of the test. Environmental Council of Sacramento

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v. Slater, 184 F. Supp. 2d 1016, 1027 (E.D. Cal. 2000).

Id. at 376 (citation

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‘A federal court may issue an injunction if it has personal jurisdiction over the parties and

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subject matter jurisdiction over the claim; it may not attempt to determine the rights of persons not

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before the court.’ Price v. City of Stockton, 390 F.3d 1105, 1117 (9th Cir. 2004) (quoting Zepeda

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v. U.S. INS, 753 F.2d 719, 727 (9th Cir. 1985). The claims in this action arise from Plaintiff’s past

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conditions of confinement at Pleasant Valley State Prison in Coalinga and the court does not have

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jurisdiction in this action over prison officials at the Richard J. Donovan Correctional Facility, in San

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Diego, California. Thus, the court cannot issue an order remedying Plaintiff’s past conditions of

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confinement. Price v. City of Stockton, 390 F.3d 1105, 1117 (9th Cir. 2004).

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III.

Conclusion and Reccomendations
Therefore, the court HEREBY RECOMMENDS that Plaintiff's motion for injunctive relief,

filed December 28, 2011, 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 thirty (30)

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days after being served with these Findings and Recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge's
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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir.1991).

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IT IS SO ORDERED.

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Dated:
0jh02o

July 30, 2011
UNITED STATES MAGISTRATE JUDGE

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