McCoy v. Cacciola et al

Filing 17

ORDER Denying 15 16 Motions for Preliminary Injunctive Relief signed by District Judge Lawrence J. O'Neill on 01/14/2014. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LAKEITH L. MCCOY, 11 Plaintiff, 12 Case No. 1:13-cv-00995-LJO-SKO PC ORDER DENYING MOTIONS FOR PRELIMINARY INJUNCTIVE RELIEF v. (Docs. 15 and 16) 13 S. CACCIOLA, et al., 14 Defendants. _____________________________________/ 15 16 Plaintiff LaKeith L. McCoy, a state prisoner proceeding pro se and in forma pauperis, filed 17 this civil rights action pursuant to 42 U.S.C. § 1983 on June 28, 2013. On October 18, 2013, and 18 on January 10, 2014, Plaintiff filed motions seeking preliminary injunctive relief. 19 Plaintiff seeks an order prohibiting “Defendants, their successors in office, agents and 20 employees, and all other person acting in concert and participation with them” from (1) working in 21 the prison’s law library, (2) preventing Plaintiff from accessing the law library, (3) making copies 22 outside of Plaintiff’s presence; and (4) discussing pending legal matters with defendants in other 23 cases; and an order requiring that they be replaced with experienced law clerks. (Doc. 15.) 24 “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter 25 v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365 (2008) (citation 26 omitted). “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed 27 on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that 28 the balance of equities tips in his favor, and that an injunction is in the public interest.” Id. at 20 1 (citations omitted). An injunction may only be awarded upon a clear showing that the plaintiff is 2 entitled to relief. Id. at 22 (citation omitted) (emphasis added). 3 Plaintiff has not demonstrated any entitlement to preliminary injunctive relief, 18 U.S.C. § 4 3626(a)(1)(A); Summers v. Earth Island Institute, 555 U.S. 488, 493, 129 S.Ct. 1142 (2009); 5 Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010), and such relief is not available to 6 circumvent prison officials’ rules regarding law library access and photocopies, see Lewis v. 7 Casey, 518 U.S. 343, 346, 116 S.Ct. 2174, 2177 (1996) (state not required to enable inmates to 8 discover grievances or to litigate effectively once in court); U.S. Phillips Corp. v. KBC Bank N.V., 9 590 F.3d 1091, 1094 (9th Cir. 2010) (purpose of preliminary injunction is to preserve the status 10 quo and the rights of the parties until a final judgment issues); see also Overton v. Bazzetta, 539 11 U.S. 126, 132, 123 S.Ct. 2162 (2003) (prison officials entitled to substantial deference); Sandin v. 12 Conner, 515 U.S. 472, 482-83, 115 S.Ct. 2293 (1995) (disapproving the involvement of federal 13 courts in the day-to-day-management of prisons). There is no support for Plaintiff’s contention 14 that, in this case, he is being denied access to the courts and court intervention is necessary. Of 15 particular note, Plaintiff’s amended complaint was filed on August 28, 2013, contradicting 16 Plaintiff’s assertion that prison officials prevented its filing. 17 To the extent Plaintiff is equating the absence of court action with non-receipt of his 18 filings, Plaintiff is informed that the Eastern District of California faces one of the most 19 overburdened dockets in the entire country, a docket which includes thousands of cases filed by 20 prisoners proceeding pro se. Plaintiff may be assured that his civil rights case was filed and his 21 amended complaint will be screened in due course. 28 U.S.C. § 1915A. Accordingly, Plaintiff’s 22 motions for preliminary injunctive relief are HEREBY ORDERED DENIED. IT IS SO ORDERED. 23 24 Dated: /s/ Lawrence J. O’Neill January 14, 2014 UNITED STATES DISTRICT JUDGE 25 26 27 28 2

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