Madrid v. Pease, et al.
Filing
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FINDINGS and RECOMMENDATIONS Recommending Plaintiff's Motion be Denied 9 ; Objections, if Any, Due Within Fourteen (14) Days, signed by Magistrate Judge Dennis L. Beck on 9/8/11. Referred to Judge Ishii. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN ANTHONY MADRID,
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Plaintiff,
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FINDINGS AND RECOMMENDATIONS
RECOMMENDING PLAINTIFF’S MOTION
BE DENIED
v.
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CASE NO. 1:11-CV-01144-AWI-DLB PC
P. PEASE, et al.,
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(DOC. 9)
Defendants.
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OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN (14) DAYS
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Plaintiff John Anthony Madrid (“Plaintiff”) is a prisoner in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court
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is Plaintiff’s motion for access to the prison law library machine, filed August 23, 2011. Doc. 9.
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The Court construes the motion as one for preliminary injunctive relief.
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“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on
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the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the
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balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v.
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Natural Res. Def. Council, Inc., 129 S. Ct. 365, 374 (2008) (citations omitted). The purpose of
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preliminary injunctive relief is to preserve the status quo or to prevent irreparable injury pending
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the resolution of the underlying claim. Sierra On-line, Inc. v. Phoenix Software, Inc., 739 F.2d
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1415, 1422 (9th Cir. 1984). “A preliminary injunction is an extraordinary remedy never awarded
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as of right.” Winter, 129 S. Ct. at 376. An injunction may only be awarded upon a clear showing
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that the movant is entitled to relief. Id.
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Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court
must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102
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(1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc.,
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454 U.S. 464, 471 (1982). If the court does not have an actual case or controversy before it, it
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has no power to hear the matter in question. Lyons, 461 U.S. at 102. Thus, “[a] federal court
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may issue an injunction [only] if it has personal jurisdiction over the parties and subject matter
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jurisdiction over the claim; it may not attempt to determine the rights of persons not before the
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court.” Zepeda v. United States Immigration Serv., 753 F.2d 719, 727 (9th Cir. 1985).
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Plaintiff moves for an order requiring Pleasant Valley State Prison law library staff to
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make copies of summonses and complaints for service by the United States Marshal. Plaintiff’s
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motion should be denied. Law library staff are not parties to this action, and the Court thus lacks
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jurisdiction. Furthermore, the Court will not order the United States Marshal to effect service of
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process unless and until it finds that service of the complaint is appropriate. See First
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Informational Order ¶ 12 (“The court will direct the United States Marshal to serve plaintiff's
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complaint only after the court has screened the complaint and determined that it contains
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cognizable claims for relief against the named defendants.”); see also 28 U.S.C. § 1915A
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(requiring that complaints in civil actions filed by prisoners be screened ).
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Based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff’s motion for
preliminary injunction, filed August 23, 2011, should be 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 28 U.S.C. § 636(b)(l). Within fourteen (14)
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days after being served with these Findings and Recommendations, the Plaintiff may file written
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objections with the Court. Such a document should be captioned “Objections to Magistrate
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Judge's Findings and Recommendations.” The Plaintiff is advised that failure to file objections
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within the specified time may waive the right to appeal the District Court's order. Martinez v.
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Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
3b142a
September 8, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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