Brown v. Gipson et al

Filing 10

ORDER DENYING Plaintiff's 2 Motion for Temporary Restraining Order as Moot; ORDER DENYING Plaintiff's 4 Motion for Court Hearing as Moot, signed by Magistrate Judge Gary S. Austin on 5/13/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM E. BROWN,

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Plaintiff,

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vs.
CONNIE GIPSON, et al.,

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Defendants.

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1:13-cv-02084-GSA-PC
ORDER DENYING PLAINTIFF’S MOTION
FOR TEMPORARY RESTRAINING
ORDER AS MOOT
(Doc. 2.)
ORDER DENYING PLAINTIFF’S MOTION
FOR COURT HEARING AS MOOT
(Doc. 4.)

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I.

BACKGROUND

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William E. Brown (APlaintiff@) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint

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commencing this action on December 23, 2013. (Doc. 1.)

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On January 27, 2014, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (Doc. 6.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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On December 23, 2013, Plaintiff filed a motion for a temporary restraining order, and
on January 2, 2014, Plaintiff requested a court hearing for the motion. (Docs. 2, 4.)
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II.

PRELIMINARY INJUNCTIVE RELIEF

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AA preliminary injunction is an extraordinary remedy never awarded as of right.@

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Winter v. Natural Resources Defense Council, Inc., 129 S.Ct. 365, 376 (2008) (citation

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omitted). AA plaintiff seeking a preliminary injunction must establish that he is likely to

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succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary

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relief, that the balance of equities tips in his favor, and that an injunction is in the public

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interest.@ Id. at 374 (citations omitted). An injunction may only be awarded upon a clear

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showing that the plaintiff is entitled to relief. Id. at 376 (citation omitted) (emphasis added).

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Federal courts are courts of limited jurisdiction and in considering a request for

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preliminary injunctive relief, the Court is bound by the requirement that as a preliminary

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matter, it have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S.

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95, 102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for

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Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the

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Court does not have an actual case or controversy before it, it has no power to hear the matter

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in question.

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3626(a)(1)(A) of the Prison Litigation Reform Act, which requires that the Court find the

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Arelief [sought] is narrowly drawn, extends no further than necessary to correct the violation of

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the Federal right, and is the least intrusive means necessary to correct the violation of the

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Federal right.@

Id.

Requests for prospective relief are further limited by 18 U.S.C. '

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Discussion

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Plaintiff requests a court order requiring prison officials at Corcoran State Prison (CSP)

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in Corcoran, California, to stop retaliating against Plaintiff. Plaintiff’s motion for preliminary

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injunctive relief against officials at CSP must be denied as moot because Plaintiff is no longer

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incarcerated at CSP and therefore is not subject to conduct by those officials.1 Further, as a

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result of this ruling, Plaintiff’s motion for a court hearing is moot and shall be denied as such.

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///

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On April 9, 2014, Plaintiff filed a notice of change of his address from CSP to Pelican Bay State Prison.

(Doc. 9.)
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III.

CONCLUSION

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff=s motion for a temporary restraining order, filed on December 23, 2013,
is DENIED as moot; and

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Plaintiff’s motion for a court hearing on the motion, filed on January 2, 2014, is
DENIED as moot.

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IT IS SO ORDERED.
Dated:

May 13, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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