Linthecome v. Junious et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending Denying Plaintiff's Motion for Injunctive Relief 7 , 8 , 9 , 10 , TWENTY-DAY DEADLINE, signed by Magistrate Judge Barbara A. McAuliffe on 1/9/12: 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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MARCUS LEON LINTHECOME,
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CASE NO. 1:11-cv-00923-AWI–BAM PC
Plaintiff,
FINDING AND RECOMMENDATIONS
RECOMMENDING DENYING PLAINTIFF’S
MOTION FOR INJUNCTIVE RELIEF
v.
MAURICE JUNIOUS, et al.,
(ECF Nos. 7, 8, 9, 10)
Defendants.
TWENTY-DAY DEADLINE
/
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Plaintiff Marcus Leon Linthecome is a former 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. The complaint in this action was
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filed on June 8, 2011. Currently before the Court are Plaintiff’s motions for injunctive relief filed
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June 23 and July 1, 2011.
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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.” Marlyn Nutraceuticals, Inc. v. Mucos
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Pharma GmbH & Co., 571 F.3d 873, 877 (9th Cir. 2009) quoting Winter, 129 S. Ct. at 374. An
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injunction may only be awarded upon a clear showing that the plaintiff is entitled to relief. Winter,
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129 S. Ct. at 376 (citation omitted) (emphasis added).
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For each form of relief sought in federal court, Plaintiff must establish standing. Mayfield
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v. United States, 599 F.3d 964, 969 (9th Cir. 2010), cert.denied, 131 S. Ct. 503 (2010). This requires
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Plaintiff to “show that he is under threat of suffering ‘injury in fact’ that is concrete and
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particularized; the threat must be actual and imminent, not conjectural or hypothetical; it must be
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fairly traceable to challenged conduct of the defendant; and it must be likely that a favorable judicial
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decision will prevent or redress the injury.” Summers v. Earth Island Institute, 129 S. Ct. 1142, 1149
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(2009) (citation omitted); Mayfield, 599 F.3d at 969 (citation omitted).
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Additionally, any award of equitable relief is governed by the Prison Litigation Reform Act,
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which provides in relevant part, “Prospective 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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Finally, when an inmate seeks injunctive or declaratory relief concerning the prison where
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he is incarcerated, his claims for such relief become moot when he is no longer subjected to those
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conditions. Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001); Dilley v. Gunn, 64 F.3d 1365, 1368
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(9th Cir. 1995); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991). Plaintiff is seeking an order
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directing the prison to provide copies of his legal mail, for the medical program to be brought into
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compliance, that his parcels be delivered to him, and that he not be held beyond his parole date.
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Plaintiff filed a notice of change of address on July 22, 2011, indicating that he is no longer in
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custody. Since Plaintiff is no longer incarcerated and subjected to the conditions at North Kern State
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Prison, the injunctive relief he is seeking is moot.
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Accordingly, based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff’s
motions for injunctive relief, filed June 23, 2011, and July 1, 2011, should 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 twenty (20)
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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
January 9, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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