Ahdom v. Etchebehere et al

Filing 8

FINDINGS and RECOMMENDATIONS recommending that 3 Plaintiff's Motion for Preliminary Injunctive Relief be DENIED, Without Prejudice to Renewal of the Motion at a Later Stage of the Proceedings re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Gary S. Austin on 10/11/2013. Referred to Judge Ishii. Objections to F&R due within twenty (20) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BILAL AHDOM,

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Plaintiff,

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vs.
C. ETCHEBEHERE, et al.,

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Defendants.

1:13-cv-01623-AWI-GSA-PC
FINDINGS AND RECOMMENDATION,
RECOMMENDING THAT PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTIVE RELIEF BE DENIED,
WITHOUT PREJUDICE
(Doc. 3.)
OBJECTIONS, IF ANY, DUE WITHIN
TWENTY DAYS

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I.

BACKGROUND

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Bilal Ahdom (APlaintiff@) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on October

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9, 2013. (Doc. 1.) On October 9, 2013, Plaintiff filed a “Motion for Emergency Temporary

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Restraining Order (TRO) and Order to Show Cause,” which the court construes as a motion for

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preliminary injunctive relief. (Doc. 3.)

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II.

PRELIMINARY INJUNCTIVE RELIEF

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Plaintiff seeks a court order directing prison officials to provide him with him a diet

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required by his religion. The purpose of a preliminary injunction is to preserve the status quo if

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the balance of equities so heavily favors the moving party that justice requires the court to

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intervene to secure the positions until the merits of the action are ultimately determined.
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University of Texas v. Camenisch, 451 U.S. 390, 395 (1981). A preliminary injunction is

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available to a plaintiff who Ademonstrates either (1) a combination of probable success and the

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possibility of irreparable harm, or (2) that serious questions are raised and the balance of

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hardship tips in its favor.@ Arcamuzi v. Continental Air Lines, Inc., 819 F. 2d 935, 937 (9th

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Cir. 1987). Under either approach the plaintiff Amust demonstrate a significant threat of

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irreparable injury.@ Id. Also, an injunction should not issue if the plaintiff Ashows no chance of

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success on the merits.@ Id. At a bare minimum, the plaintiff Amust demonstrate a fair chance of

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success of the merits, or 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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The Complaint commencing this action was filed only two days ago, and none of the

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defendants have been served. At this stage of the proceedings, the Court does not have before

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it an actual case or controversy, nor does the court have jurisdiction over any of the defendants

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in this action. Zepeda, 753 F.2d at 727. Therefore, Plaintiff’s motion should be denied,

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without prejudice to renewing the motion at a later stage of the proceedings.

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III.

CONCLUSION AND RECOMMENDATION

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The court has found that the court lacks jurisdiction to grant Plaintiff’s motion for

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preliminary injunctive relief at this stage of the proceedings. Therefore, IT IS HEREBY

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RECOMMENDED that Plaintiff’s motion for preliminary injunctive relief, filed on October 9,

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2013, be DENIED, without prejudice to renewal of the motion at a later stage of the

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proceedings.

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These findings and recommendation are 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 twenty

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days after being served with these findings and recommendation, Plaintiff may file written

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objections with the Court. Such a document should be captioned "Objections to Magistrate

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Judge's Findings and Recommendation." Plaintiff is advised that failure to file objections

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within the specified time may waive the right to appeal the District Court's order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

October 11, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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