Manning v. Zamora et al
Filing
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ORDER DENYING 41 Plaintiff's Motion for Court Order Directing Prison to Provide Plaintiff Access to Personal Property signed by Magistrate Judge Gary S. Austin on 1/13/2015. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LEROY MANNING,
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Plaintiff,
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1:12-cv-01621-LJO-GSA-PC
ORDER DENYING MOTION FOR COURT
ORDER DIRECTING PRISON TO
PROVIDE PLAINTIFF ACCESS TO
PERSONAL PROPERTY
(Doc. 41.)
vs.
L. D. ZAMORA, et al.,
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Defendants.
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I.
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BACKGROUND
Leroy Manning (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 October 3, 2012. (Doc. 1.)
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On January 12, 2015, Plaintiff filed a motion for a court order directing prison officials
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to provide him with his personal property, particularly his reading glasses. (Doc. 41.)
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II.
PRELIMINARY INJUNCTIVE RELIEF
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The purpose of a preliminary injunction is to preserve the status quo if the balance of
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equities so heavily favors the moving party that justice requires the court to intervene to secure
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the positions until the merits of the action are ultimately determined. University of Texas v.
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Camenisch, 451 U.S. 390, 395 (1981). A preliminary injunction is available to a plaintiff who
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Ademonstrates either (1) a combination of probable success and the possibility of irreparable
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harm, or (2) that serious questions are raised and the balance of hardship tips in its favor.@
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Arcamuzi v. Continental Air Lines, Inc., 819 F. 2d 935, 937 (9th Cir. 1987). Under either
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approach the plaintiff Amust demonstrate a significant threat of irreparable injury.@ Id. Also, an
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injunction should not issue if the plaintiff Ashows no chance of success on the merits.@ Id. At a
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bare minimum, the plaintiff Amust demonstrate a fair chance of success of the merits, or
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questions serious enough to require litigation.@ Id.
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Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court
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must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95,
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102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation
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of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982); Jones v. City of
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Los Angeles, 444 F.3d 1118, 1126 (9th Cir. 2006). If the court does not have an actual case or
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controversy before it, it has no power to hear the matter in question. Id. Thus, A[a] federal
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court may issue an injunction [only] if it has personal jurisdiction over the parties and subject
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matter jurisdiction over the claim; it may not attempt to determine the rights of persons not
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before the court.@ Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir.
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1985).
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Discussion
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Plaintiff is presently incarcerated at High Desert State Prison in Susanville, California.
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Plaintiff seeks a court order requiring prison officials there to provide him with his personal
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property. However, the events at issue in Plaintiff’s Complaint allegedly occurred in 2011 at
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Avenal State Prison in Avenal, California, when Plaintiff was incarcerated there.
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Plaintiff seeks would require present actions by persons who are not defendants in this action
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and would not remedy any of the claims upon which this action proceeds. Therefore, the court
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lacks jurisdiction to issue the order sought by Plaintiff, and Plaintiff=s motion must be denied.
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///
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The order
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III.
CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motion for a court
order directing prison officials to provide him with his property is DENIED.
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IT IS SO ORDERED.
Dated:
January 13, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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