Moore v. Gipson et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MERRICK JOSE MOORE,
A. CASAS et al.,
ORDER ADOPTING FINDINGS AND
MOTION FOR PRELIMINARY
INJUNCTION AND TEMPORARY
(Doc. Nos. 29, 37)
Plaintiff Merrick Jose Moore is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action under 42 U.S.C. § 1983. This matter comes before the court on
plaintiff’s motion for a preliminary injunction and temporary restraining order. (Doc. No. 29.)
On April 19, 2017, the assigned magistrate judge issued findings and recommendations
recommending that plaintiff’s motion for preliminary injunction and temporary restraining order
be denied. (Doc. No. 37.) The findings and recommendations were served on the parties and
contained notice that any objections thereto were to be filed within fourteen (14) days after
service. (Id.) After being granted an extension, plaintiff timely filed objections on May 19, 2017.
(Doc. No. 40.)
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a
de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s
objections, the court finds the findings and recommendations to be supported by the record and
by proper analysis.
In his objections, plaintiff contends that he clearly established a “conspiracy to retaliate”
between the defendants. Plaintiff argues that the court has jurisdiction over the subject matter and
parties because the acts committed against him took place at Corcoran State Prison, and because
the court has personal jurisdiction over defendants in the instant case. Plaintiff further argues that
had the court granted his request to hold an evidentiary hearing, he could have presented evidence
demonstrating a likelihood of success on the merits, explained how the equities tip in his favor,
and compelled counsel to produce documents compiled by plaintiff. (Doc. No. 40.) An
evidentiary hearing, however, is not appropriate here because plaintiff has made no showing that
the alleged retaliation is related to the events giving rise to this lawsuit. In addition, the court
may not enjoin persons or entities who are not parties to this action. Thus, the magistrate judge
properly denied plaintiff’s request for injunctive relief. Plaintiff’s remaining argument
concerning the illegality of prison officials threatening, harming, or assaulting witnesses in
federal litigation is unpersuasive. To the extent plaintiff seeks to bring new claims for retaliation,
the appropriate remedy is the filing of a new action, not a motion for a preliminary injunction in
1. The April 19, 2017 findings and recommendations (Doc. No. 37) are adopted in full;
2. Plaintiff’s motion for a preliminary injunction and temporary restraining order (Doc.
No. 29) is denied.
IT IS SO ORDERED.
July 12, 2017
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?