Valencia v. Kokor
Filing
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FINDINGS and RECOMMENDATIONS recommending that 37 Plaintiff's Motion for Injunctive Relief be DENIED re 19 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Dennis L. Beck on 2/11/2015. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DANIEL G. VALENCIA,
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Case No. 1:13-cv-01391-LJO-DLB PC
Plaintiff,
FINDINGS AND RECOMMENDATIONS
REGARDING PLAINTIFF’S
REQUEST FOR INJUNCTIVE RELIEF
v.
WINFRED KOKOR,
(Document 37-2)
Defendant.
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Plaintiff Daniel G. Valencia (“Plaintiff”) is a California state prisoner proceeding pro se in
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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 30, 2013. This
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action is proceeding on Plaintiff’s May 23, 2014, First Amended Complaint against Defendant
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Kokor for violation of the Eighth Amendment.
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Defendant’s October 28, 2014, motion to dismiss is pending. It is not yet fully briefed.
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On February 2, 2015, Plaintiff filed a motion seeking the Court’s intervention in his work
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assignment and medical care. The Court construes this as a request for injunctive relief. The motion
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is suitable for decision without an opposition pursuant to Local Rule 230(l).
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DISCUSSION
“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v.
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Natural Resources Defense Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 376 (2008) (citation
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omitted). “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on
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the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the
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balance of equities tips in his favor, and that an injunction is in the public interest.” Id. at 20
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(citations omitted). An injunction may only be awarded upon a clear showing that the plaintiff is
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entitled to relief. Id. at 22 (citation omitted) (emphasis added).
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Moreover, the Court’s jurisdiction is limited to the parties before it in this action and to
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Plaintiff’s claim against Defendant Kokor relating to his medical treatment and pain medications.
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See e.g., Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 103-04, 118 S.Ct. 1003 (1998) (“[The]
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triad of injury in fact, causation, and redressability constitutes the core of Article III’s case-or-
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controversy requirement, and the party invoking federal jurisdiction bears the burden of establishing
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its existence.”) (citation omitted); American Civil Liberties Union of Nevada v. Masto, 670 F.3d
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1046, 1061-62 (9th Cir. 2012) (“[F]ederal courts may adjudicate only actual, ongoing cases or
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controversies.”) (citation and internal quotation marks omitted).
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Here, Plaintiff requests that the Court intervene in his work assignment and impose
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restrictions to exclude culinary and yard crew assignments. He contends that these assignments
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worsen his injuries. Plaintiff also states that he is being denied pain medications by his new doctor,
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Dr. Sundaram.
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As explained above, this Court has no jurisdiction over Dr. Sundaram and the staff members
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who control his work restrictions, as they are not parties to this action. Therefore, the Court cannot
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require them to take any action. Similarly, the subject matter of this action does not include
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Plaintiff’s work assignments, and the Court cannot make any orders relating thereto.
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Finally, as this Court has previously explained to Plaintiff in a prior order denying a similar
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request for injunctive relief, it is likely that Plaintiff is not entitled to seek any equitable relief.
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Separate individual suits may not be maintained for equitable relief from alleged unconstitutional
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prison conditions while there is a pending class action suit involving the same subject matter.
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McNeil v. Guthrie, 945 F.2d 1163, 1165 (10th Cir.1991); Gillespie v. Crawford, 858 F.2d 1101,
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1103 (5th Cir.1988) (en banc). “Individual members of the class and other prisoners may assert any
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equitable or declaratory claims they have, but they must do so by urging further actions through the
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class representative and attorney, including contempt proceedings, or by intervention in the class
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action.” Id. Here, the Brown v. Plata action involves the same subject matter- adequacy of medical
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care- as Plaintiff's claim here. Thus, Plaintiff's claim for injunctive relief may not be maintained
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because it falls within the subject matter of Plata.
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RECOMMENDATION
Based on the above, the Court RECOMMENDS that Plaintiff’s motion for injunctive relief
be DENIED.
These Findings and Recommendations will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30)
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days after being served with these Findings and Recommendations, Plaintiff may file written
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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the
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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, __ F.3d __, __,
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No. 11-17911, 2014 WL 6435497, at *3 (9th Cir. Nov. 18, 2014) (citing Baxter v. Sullivan, 923 F.2d
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1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
/s/ Dennis
February 11, 2015
L. Beck
UNITED STATES MAGISTRATE JUDGE
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