Bell v. Heberling et al

Filing 64

ORDER DENYING Plaintiff's Motion for an Emergency Temporary Restraining Order and Directing Clerk's Office to Serve a Copy of This Order on Wardens at Kern Valley State Prison and High Desert State Prison 62 , 63 , signed by District Judge Anthony W. Ishii on 2/11/15. (cc: Wardens at KVSP & HDSP) (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HORACE BELL,

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Plaintiff,
v.
S HEBERLING, et al.,
Defendants.

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Case No.: 1:12-cv-01248-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
AN EMERGENCY TEMPORARY RESTRAINING
ORDER AND DIRECTING CLERK’S OFFICE TO
SERVE A COPY OF THIS ORDER ON
WARDENS AT KERN VALLEY STATE PRISON
AND HIGH DESERT STATE PRISON
(ECF Nos. 62, 63)

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Plaintiff Horace Bell is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983. This action is proceeding on Plaintiff’s claims that Defendants Heberling, Scheer, and Nesmith

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violated Plaintiff’s rights under the Eighth Amendment by telling gang members to attack him. (ECF

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No. 42.) On February 9, 2015, Plaintiff filed a motion and an amended motion for an emergency

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temporary restraining order prohibiting him from being transferred to High Desert State Prison

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(“HDSP”). (ECF Nos. 62, 63.) From what the Court is able to discern, Plaintiff alleges that he was

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previously attacked while at HDSP. Plaintiff states that “25’er gang members” are uncontrolled on all

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sensitive needs yards and his life will be in imminent danger if he is rehoused at HDSP.

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The federal court’s jurisdiction is limited in nature and its power to issue equitable orders may

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not go beyond what is necessary to correct the underlying constitutional violations which form the

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actual case or controversy. 18 U.S.C. § 3626(a)(1)(A); Summers v. Earth Island Institute, 555 U.S.
488, 493 (2009); Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 103-04 (1998); City of Los
Angeles v. Lyons, 461 U.S. 95, 101 (1983); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir.
2010).

Plaintiff’s claim in this action arises from a past incident in which he alleges that the

defendants told gang members to attack him. The pendency of this action does not confer on the
Court jurisdiction to issue an order prohibiting the California Department of Corrections and
Rehabilitation from transferring Plaintiff to HDSP because such an order would not remedy the
underlying legal claim, which involves Defendants’ past conduct.

18 U.S.C. § 3626(a)(1)(A);

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Summers, 555 U.S. at 495; Steel Co., 523 U.S. at 103-04; Lyons, 461 U.S. at 101; Mayfield, 599 F.3d
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at 969.
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However, based on the allegation that Plaintiff’s would be in imminent danger if he were to be
transferred to HDSP, the Court shall serve a courtesy copy of this order on the wardens of the involved
institutions. The Court requests the Warden where Plaintiff is currently housed and the Warden of
HDSP to ensure that appropriate precautions are taken to ensure Plaintiff’s safety.
Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff’s motion for a temporary restraining order is DENIED; and

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The Clerk of the Court is directed to serve a courtesy copy of this order on the Wardens
of Kern Valley State Prison and High Desert State Prison.

IT IS SO ORDERED.

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Dated: February 11, 2015
SENIOR DISTRICT JUDGE

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