Hubbard v. Gipson, et al.

Filing 27

ORDER DENYING 24 Plaintiff's Motion for Emergency Relief for Lack of Jurisdiction signed by District Judge Anthony W. Ishii on 4/22/2015. Plaintiff is not to construe this order as an invitation to submit further filings in this action. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ZANE HUBBARD,

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Case No. 1:14-cv-00042-AWI-JLT (PC)

Plaintiff,

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ORDER DENYING PLAINTIFF'S
MOTION FOR EMERGENCY RELIEF
FOR LACK OF JURISDICTION

v.
GIPSON, et al.,

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(Doc. 24)
Defendants.

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Plaintiff, Zane Hubbard, is a state prisoner who is proceeding pro se and in forma

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

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this action on January 13, 2014. (Doc. 1.) The action was screened and Plaintiff was twice

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granted leave to amend, but the ultimate result was dismissal on November 17, 2014 as the action

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was barred by Heck v. Humphrey, 512 U.S. 477 (1994) and the complaint failed to state a

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cognizable claim. (See Docs. 7, 8, 9, 10, 15, 17.) Subsequently, Plaintiff filed an appeal in the

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Ninth Circuit which was dismissed for Plaintiff's failure to pay the filing fee. (Docs. 19-21, 25,

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26.) On February 2, 2015, Plaintiff filed a motion for emergency relief in which he seeks transfer

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to another prison, a change in his housing, access to the law library for six months, an injunctive

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restraining order against Corcoran State Prison employees. (Doc. 24.) Thus, it is properly

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construed as a motion for injunctive relief.

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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 matter, it

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have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103

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S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church

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and State, Inc., 454 U.S. 464, 471 (1982). 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. Here, this action remains

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closed following the dismissal for failure to state a claim. The dismissal order is now final. Thus,

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the Court lacks jurisdiction to consider Plaintiff's request.

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Accordingly, it is HEREBY ORDERED that Plaintiff's motion for emergency relief and

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for extension of time, filed February 2, 2015 (Doc. 24), is DENIED for lack of jurisdiction.

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Plaintiff is not to construe this order as an invitation to submit further filings in this action.

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IT IS SO ORDERED.

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Dated: April 22, 2015

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SENIOR DISTRICT JUDGE

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