Mathis v. Chokatos et al

Filing 19

FINDINGS and RECOMMENDATIONS for Denial of 15 MOTION for PRELIMINARY INJUNCTION, signed by Magistrate Judge Michael J. Seng on 12/27/12. Referred to Judge O'Neill. Objections Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BENNIE MATHIS,
Plaintiff,

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CASE NO. 1:12-cv-00329-LJO-MJS PC
FINDINGS AND RECOMMENDATIONS
FOR DENIAL OF MOTION FOR A
PRELIMINARY INJUNCTION

v.
J. CHOKATOS, M.D., et al.,

(ECF No. 15)
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Defendants.
OBJECTIONS DUE WITHIN FOURTEEN
DAYS

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/
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Plaintiff Bennie Mathis (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 29, 2012.

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On October 15, 2012, Plaintiff filed a motion seeking a preliminary injunction requiring

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prison officials to provide him with certain accommodations for his disabilities.

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As a threshold matter, Plaintiff must establish that he has standing to seek

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preliminary injunctive relief. Summers v. Earth Island Institute, 555 U.S. 488, 493 (2009)

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(citation omitted); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010) (citation

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omitted). Plaintiff “must show that he is under threat of suffering an ‘injury in fact’ that is

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concrete and particularized; the threat must be actual and imminent, not conjectural or

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hypothetical; it must be fairly traceable to challenged conduct of the defendant; and it must

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be likely that a favorable judicial decision will prevent or redress the injury.” Summers, 55

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U.S. at 493 (citation omitted); Mayfield, 599 F.3d at 969.

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The medical care claims set forth in Plaintiff’s Second Amended Complaint arise
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from events which occurred at Pleasant Valley State Prison in 2011. Plaintiff is no longer

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incarcerated at Pleasant Valley State Prison. Injunctive relief directed toward that facility

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would have no effect on Plaintiff. Plaintiff’s claims arise from long-past events. He has no

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claim pending relating to his current conditions of confinement at San Quentin State Prison

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in San Quentin, California. Plaintiff does not identify an ongoing threat of harm to him at

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either facility.
Accordingly, the Court hereby RECOMMENDS that Plaintiff’s motion for a

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preliminary injunction (ECF No. 15.) be DENIED.

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These Findings and Recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1).

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Within fourteen (14) days after being served with these Findings and Recommendations,

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any party may file written objections with the Court and serve a copy on all parties. Such

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a document should be captioned “Objections to Magistrate Judge's Findings and

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Recommendations.” Any reply to the objections shall be served and filed within ten days

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after service of the objections. The parties are advised that failure to file objections within

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the specified time may waive the right to appeal the District Court's order. Martinez v. Y1

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st, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
ci4d6

December 27, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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