Meador v. Aye et al

Filing 22

ORDER Denying 20 Motion for Temporary Restraining Order, signed by Magistrate Judge Dennis L. Beck on 3/20/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GORDON D. MEADOR,

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Plaintiff,

Case No. 1:14-cv-0006 DLB PC
ORDER DENYING MOTION FOR
TEMPORARY RESTRAINING ORDER

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v.

[ECF No. 20]

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DR. K. AYE, et al.,
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Defendants.
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Plaintiff Gordon D. Meador (“Plaintiff”) is a California state prisoner proceeding in forma
pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff is represented in this action by
Brian C. McComas, Esq., for the limited purpose of investigating the claim, then drafting and filing
an amended complaint.

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Plaintiff filed this action on January 2, 2014.1 On January 16, 2015, the Court dismissed the
complaint with leave to amend. Counsel for Plaintiff is currently investigating and preparing an
amended complaint.

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On March 11, 2015, Plaintiff filed a motion for a temporary restraining order. Plaintiff states
that he has recently been transferred from Corcoran State Prison to R.J. Donovan Correctional
Facility in San Diego. Plaintiff seeks an injunction to obtain the legal property that was transferred

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On January 13, 2014, Plaintiff consented to the jurisdiction of the Magistrate Judge.

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with him from Corcoran to R. J. Donovan, but which has not been released to Plaintiff.
“[T]hose who seek to invoke the jurisdiction of the federal courts must satisfy the threshold
requirement imposed by Article III of the Constitution by alleging an actual case or controversy,”
City of Los Angeles v. Lyons, 461 U.S. 95, 101, 103 S.Ct. 1660, 1665 (1983) (citations omitted),
and for each form of relief sought in federal court, Plaintiff must establish standing, Summers v.
Earth Island Institute, 555 U.S. 488, 493, 129 S.Ct. 1142, 1149 (2009) (citation omitted); Mayfield v.
United States, 599 F.3d 964, 969 (9th Cir. 2010) (citation omitted). This requires Plaintiff to show
that he is under threat of suffering an injury in fact that is concrete and particularized; the threat must
be actual and imminent, not conjectural or hypothetical; it must be fairly traceable to challenged
conduct of the defendant; and it must be likely that a favorable judicial decision will prevent or
redress the injury. Summers, 555 U.S. at 493 (quotation marks and citation omitted); Mayfield, 599
F.3d at 969.
In addition, any award of equitable relief is governed by the Prison Litigation Reform Act,
which provides in relevant part, “Prospective relief in any civil action with respect to prison
conditions shall extend no further than necessary to correct the violation of the Federal right of a
particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless
the court finds that such relief is narrowly drawn, extends no further than necessary to correct the
violation of the Federal right, and is the least intrusive means necessary to correct the violation of the
Federal right.” 18 U.S.C. § 3626(a)(1)(A).
As noted above, the initial complaint was dismissed with leave to amend, and counsel was
appointed to assist in the preparation of an amended complaint. In light of Plaintiff’s failure to state
any claim upon which relief may be granted, there is no actual case or controversy before the Court
at this time, and Court lacks the jurisdiction to issue the orders sought by Plaintiff. Summers, 555
U.S. at 493; Mayfield, 599 F.3d at 969. Further, assuming that Plaintiff is able to amend to state a
claim for violation of the Eighth Amendment arising from inadequate medical care, the pendency of
this action will not entitle Plaintiff to the issuance of a preliminary injunction aimed at securing his
legal property. Id. The Court’s jurisdiction will be limited to the issuance of orders that remedy the
underlying legal claim. Id.
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ORDER
Accordingly, Plaintiff’s motion for preliminary injunctive relief is HEREBY DENIED for
lack of jurisdiction.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 20, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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