Moore v. Gipson et al
Filing
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ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS and ORDER DENYING 29 Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order signed by District Judge Dale A. Drozd on 7/12/2017. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MERRICK JOSE MOORE,
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Plaintiff,
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v.
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A. CASAS et al.,
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Defendants.
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No. 1:13-cv-01820-DAD-BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
MOTION FOR PRELIMINARY
INJUNCTION AND TEMPORARY
RESTRAINING ORDER
(Doc. Nos. 29, 37)
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Plaintiff Merrick Jose Moore is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action under 42 U.S.C. § 1983. This matter comes before the court on
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plaintiff’s motion for a preliminary injunction and temporary restraining order. (Doc. No. 29.)
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On April 19, 2017, the assigned magistrate judge issued findings and recommendations
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recommending that plaintiff’s motion for preliminary injunction and temporary restraining order
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be denied. (Doc. No. 37.) The findings and recommendations were served on the parties and
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contained notice that any objections thereto were to be filed within fourteen (14) days after
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service. (Id.) After being granted an extension, plaintiff timely filed objections on May 19, 2017.
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(Doc. No. 40.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s
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objections, the court finds the findings and recommendations to be supported by the record and
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by proper analysis.
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In his objections, plaintiff contends that he clearly established a “conspiracy to retaliate”
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between the defendants. Plaintiff argues that the court has jurisdiction over the subject matter and
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parties because the acts committed against him took place at Corcoran State Prison, and because
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the court has personal jurisdiction over defendants in the instant case. Plaintiff further argues that
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had the court granted his request to hold an evidentiary hearing, he could have presented evidence
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demonstrating a likelihood of success on the merits, explained how the equities tip in his favor,
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and compelled counsel to produce documents compiled by plaintiff. (Doc. No. 40.) An
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evidentiary hearing, however, is not appropriate here because plaintiff has made no showing that
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the alleged retaliation is related to the events giving rise to this lawsuit. In addition, the court
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may not enjoin persons or entities who are not parties to this action. Thus, the magistrate judge
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properly denied plaintiff’s request for injunctive relief. Plaintiff’s remaining argument
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concerning the illegality of prison officials threatening, harming, or assaulting witnesses in
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federal litigation is unpersuasive. To the extent plaintiff seeks to bring new claims for retaliation,
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the appropriate remedy is the filing of a new action, not a motion for a preliminary injunction in
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this case.
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Accordingly,
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1. The April 19, 2017 findings and recommendations (Doc. No. 37) are adopted in full;
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and
2. Plaintiff’s motion for a preliminary injunction and temporary restraining order (Doc.
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No. 29) is denied.
IT IS SO ORDERED.
Dated:
July 12, 2017
UNITED STATES DISTRICT JUDGE
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