Morceli v. Meyers, et al.

Filing 13

FINDINGS and RECOMMENDATIONS Recommending Denying Plaintiff's Motion for a Preliminary Injunction 8 OBJECTIONS DUE WITHIN THIRTY DAYS, signed by Magistrate Judge Barbara A. McAuliffe on 6/4/12: Matter referred to Judge Ishii. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ABDELKADER MORCELI,

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CASE NO. 1:11-cv–00685-AWI-BAM PC

Plaintiff,

FINDINGS AND RECOMMENDATIONS
RECOMMENDING DENYING PLAINTIFF’S
MOTION FOR A PRELIMINARY
INJUNCTION

v.
W. MEYERS, et al.,

(ECF No. 8.)
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Defendants.

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OBJECTIONS DUE WITHIN THIRTY DAYS
/

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Plaintiff Abdelkader Morceli is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on April 29, 2011, and

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on September 9, 2011, Plaintiff filed a motion for a preliminary injunction. (ECF No. 8.) On April

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10, 2012, an order issued requiring Plaintiff to either file an amended complaint or notify the court

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of his willingness to proceed only on the claims found to be cognizable. (ECF No. 10.) On May 14,

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2012, Plaintiff filed a motion for an extension of time and a notice of change of address. (ECF No.

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11.) On May 15, 2012, an order issued granting Plaintiff a thirty day extension of time in which to

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file his amended complaint. (ECF No. 12.)

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Plaintiff seeks a preliminary injunction requiring authorities at Pleasant Valley State Prison

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to allow Muslim inmates to wear Kufi headgear anywhere within the facility. Plaintiff, who is a non-

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lawyer, may not represent anyone but himself in court. Johns v. County of San Diego, 114 F.3d 874,

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877 (9th Cir. 1997); C. E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987).

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Accordingly, Plaintiff may not seek relief for all Muslim inmates housed at Pleasant Valley State
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Prison. See Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008) (It is well established

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that a pro se litigant cannot represent other parties or entities. “[C]ourts have routinely adhered to

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the general rule prohibiting pro se plaintiffs from pursing claims on behalf of others in a

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representative capacity”); Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975) (Rule that a

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layperson cannot ordinarily represent the interests of a class becomes almost absolute when, as here,

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the putative class representative is incarcerated and proceeding pro se).

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The Prison Litigation Reform Act places limitations on injunctive relief.

Section

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3626(a)(1)(A) provides in relevant part, “[p]rospective relief in any civil action with respect to prison

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conditions shall extend no further than necessary to correct the violation of the Federal right of a

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particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless

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the court finds that such relief is narrowly drawn, extends no further than necessary to correct the

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

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the Federal right.” 18 U.S.C. § 3626(a)(1)(A).

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Additionally, when an inmate seeks injunctive or declaratory relief concerning the prison

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where he is incarcerated, his claims for such relief become moot when he is no longer subjected to

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those conditions. Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001); Dilley v. Gunn, 64 F.3d 1365,

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1368 (9th Cir. 1995); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991). Since Plaintiff is no

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longer incarcerated at Pleasant Valley State Prison, the injunctive relief he is seeking is moot and

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his request for injunctive relief should be denied.

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Accordingly, based on the foregoing, the Court HEREBY RECOMMENDS that Plaintiff’s
request for preliminary injunction 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.
Dated:
10c20k

June 4, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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