Perez v. Adams et al

Filing 23

ORDER DENYING 22 Motion for Court Order Allowing Access to the Law Library signed by Magistrate Judge Gary S. Austin on 2/24/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCO PEREZ,

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1:11-cv-01820-GSA-PC

Plaintiff,

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vs.

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ORDER DENYING MOTION FOR COURT
ORDER ALLOWING ACCESS TO THE
LAW LIBRARY
(Doc. 22.)

D. G. ADAMS,

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Defendant.

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Marco Perez (APlaintiff@) is a state prisoner proceeding pro se with this civil rights

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action filed pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action

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on November 1, 2011. (Doc. 1.) This case now proceeds on the original Complaint against

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defendants Schneider, Carter, Pimental, and Byrum for use of excessive force and deliberate

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indifference to medical needs.1 (Id.)

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On February 23, 2015, Plaintiff filed a motion for a court order directing prison officials

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to allow him access to the law library. (Doc. 22.) “A federal court may issue an injunction

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[only] 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.

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United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985). Here, the order Plaintiff

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On June 18, 2014, the court issued an order dismissing all other claims and defendants from
this action, for failure to state a claim. (Doc. 9.)
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seeks would require present actions by persons who are not defendants in this action and would

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not remedy any of the excessive force or medical claims upon which this action proceeds.

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Therefore, the court lacks jurisdiction to issue the order sought by Plaintiff, and Plaintiff=s

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motion must be denied.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motion for a court
order allowing him access to the law library is DENIED.

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IT IS SO ORDERED.
Dated:

February 24, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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