Bonsack v. Hartley et al

Filing 15

ORDER DENYING Plaintiff's 2 Motion for Preliminary Injunction signed by Magistrate Judge Stanley A Boone on 5/13/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SONNY BONSACK,

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Plaintiff,

Case No. 1:12-cv-01054-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION

v.
(ECF No. 2)

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JAMES D. HARTLEY, et al.,

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Defendants.

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Plaintiff Sonny Bonsack (“Plaintiff”) is a state prisoner appearing pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on June 28,
2012. (ECF No. 1.) On June 28, 2012, Plaintiff also filed a motion for a preliminary injunction.
(ECF No. 2.)
A preliminary injunction is an extraordinary remedy never awarded as of right. Winter v.
Natural Res. Def. Council, Inc., 555 U.S. 7, 9, 129 S.Ct. 365, 376 (2008) (citation and quotation
marks omitted). For each form of relief sought in federal court, Plaintiff must establish standing.
Summers v. Earth Island Inst., 555 U.S. 488, 493, 129 S.Ct. 1142, 1149 (2009) (citation omitted);
Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010) (citation omitted). This requires
Plaintiff to show that he is under threat of suffering an injury in fact that is concrete and
particularized; the threat must be actual and imminent, not conjectural or hypothetical; it must be
fairly traceable to challenged conduct of the defendant; and it must be likely that a favorable

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judicial decision will prevent or redress the injury. Summers, 555 U.S. at 493 (quotation marks

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and citation omitted); Mayfield, 599 F.3d at 969.

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Further, any award of equitable relief is governed by the Prison Litigation Reform Act,

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which 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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It is unclear to the Court what, if any, relief Plaintiff seeks in his motion. Plaintiff has not

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shown that he is under threat of suffering an injury in fact that is concrete and particularized.

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Summers, 555 U.S. at 493.
Accordingly, it is hereby ORDERED that Plaintiff’s motion for a preliminary injunction

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be DENIED.

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IT IS SO ORDERED.

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Dated:
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May 13, 2013

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DEAC_Signature-END:

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_

UNITED STATES MAGISTRATE JUDGE
i1eed4

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