Espritt v. Saesee et al

Filing 23

FINDINGS and RECOMMENDATIONS Recommending that Plaintiff's 21 Motion for Preliminary Injunctive Relief be Denied; Objections, if any, Due in 30 Days signed by Magistrate Judge Gary S. Austin on 3/7/2013. Referred to Judge Anthony W. Ishii. Objections to F&R due by 4/9/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN ESPRITT,

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1:11-cv-00519-AWI-GSA-PC
Plaintiff,

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v.

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FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTIVE RELIEF BE DENIED
(Doc. 21.)

A SAESEE, et al.,

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Defendants.

OBJECTIONS, IF ANY, DUE IN 30 DAYS
/

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I.

BACKGROUND

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Brian Espritt (“Plaintiff”), a civil detainee at Atascadero State Hospital in Atascadero,

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California, is proceeding pro se and in forma pauperis with this civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on March 28, 2011. (Doc. 1.)

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On October 21, 2011, Plaintiff filed the First Amended Complaint. (Doc. 12.) On June 22, 2012,

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the Court issued an order requiring Plaintiff to either file a Second Amended Complaint or notify

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the Court of his willingness to proceed with the claims in the First Amended Complaint found

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cognizable by the Court. (Doc. 15.) On July 20, 2012, Plaintiff filed the Second Amended

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Complaint, bringing claims against correctional officers at the SATF for excessive force and

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confiscation of personal property. (Doc. 17.)

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On March 1, 2013, Plaintiff filed a motion for preliminary injunctive relief, which is now
before the Court. (Doc. 21.)
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II.

PRELIMINARY INJUNCTIVE RELIEF
Plaintiff has requested a court order directing the Kings County Jail to forward his personal

property to him at Atascadero State Prison.

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“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v.

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Natural Resources Defense Council, Inc., 129 S.Ct. 365, 376 (2008) (citation omitted). “A plaintiff

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seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is

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likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips

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in his favor, and that an injunction is in the public interest.” Id. at 374 (citations omitted). An

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injunction may only be awarded upon a clear showing that the plaintiff is entitled to relief. Id. at 376

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(citation omitted) (emphasis added).

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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

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it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660,

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1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc.,

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454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the Court does not have an actual case or

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controversy before it, it has no power to hear the matter in question. Id. Requests for prospective

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relief are further limited by 18 U.S.C. § 3626(a)(1)(A) of the Prison Litigation Reform Act, which

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requires that the Court find the “relief [sought] is narrowly drawn, extends no further than necessary

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to correct the violation of the Federal right, and is the least intrusive means necessary to correct the

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violation of the Federal right.”

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Discussion

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The order requested by Plaintiff would not remedy any of the claims upon which this action

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proceeds. The defendants in this action are employees at SATF, and Plaintiff's allegations arose

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from events occurring before March 28, 2011. Plaintiff now requests a court order requiring

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employees at the Kern County Jail to return his property. Because such an order would not remedy

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any of the claims upon which this action proceeds, the court lacks jurisdiction to issue the order

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sought by Plaintiff, and Plaintiff’s motion must be denied. “[A] federal court may [only] issue an

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injunction if it has personal jurisdiction over the parties and subject matter jurisdiction over the
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claim; it may not attempt to determine the rights of persons not before the court.” Zepeda v. United

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States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985) (emphasis added).

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IV.

CONCLUSION AND RECOMMENDATION

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Based on the foregoing, THE COURT HEREBY RECOMMENDS that Plaintiff’s motion
for preliminary injunctive relief, filed July 2, 2010, is DENIED.

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These findings and recommendations are 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 days

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after being served with these findings and recommendations, Plaintiff may file written objections

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with the Court. Such a document should be captioned "Objections to Magistrate Judge's Findings

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and Recommendations." Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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IT IS SO ORDERED.

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Dated:
6i0kij

March 7, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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