Puckett v. Brandon
Filing
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FINDINGS and RECOMMENDATIONS recommending that 32 Plaintiff's Motion for Injunctive Relief be DENIED re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Stanley A. Boone on 12/30/2015. Referred to Judge Ishii. Objections to F&R due within thirty (30) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DURRELL A. PUCKETT,
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Plaintiff,
v.
K. BRANDON, et al.,
Defendants.
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Case No.: 1:14-cv-00290-AWI-SAB (PC)
FINDINGS AND RECOMMENDATION
REGARDING PLAINTIFF’S MOTION FOR
COURT ORDER TO RELINQUISH HIS
PERSONAL AND LEGAL PROPERTY
[ECF No. 32]
Plaintiff Durrell A. Puckett is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On December 28, 2015, Plaintiff filed a motion for a court order directing prison officials at
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the California Department of Corrections and Rehabilitation to relinquish his personal and legal
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property. The Court construes Plaintiff’s motion as a request for a preliminary injunction.
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I.
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DISCUSSION
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“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v.
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Natural Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (citation omitted). “A plaintiff seeking a
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preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to
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suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his
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favor, and that an injunction is in the public interest.” Id. at 20 (citations omitted). An injunction may
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only be awarded upon a clear showing that the plaintiff is entitled to relief. Id. at 22 (citation omitted).
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Federal courts are courts of limited jurisdiction and in considering a request for preliminary
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injunctive relief, the Court is bound by the requirement that as a preliminary matter, it have before it
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an actual case or controversy. City of L.A. v. Lyons, 461 U.S. 95, 102 (1983); Valley Forge Christian
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Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982). If the Court
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does not have an actual case or controversy before it, it has no power to hear the matter in question.
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Id. “[The] triad of injury in fact, causation, and redressability constitutes the core of Article III’s case-
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or-controversy requirement, and the party invoking federal jurisdiction bears the burden of
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establishing its existence.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 103-04. Requests for
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prospective relief are further limited by 18 U.S.C. § 3626(a)(1)(A) of the Prison Litigation Reform
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Act, which requires that the Court find the “relief [sought] is narrowly drawn, extends no further than
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necessary to correct the violation of the Federal right, and is the least intrusive means necessary to
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correct the violation of the Federal right.”
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This action is proceeding on Plaintiff’s claim of retaliation against Defendant Brandon. In the
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instant motion, Plaintiff contends that he was transferred to Corcoran State Prison on June 17, 2015,
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and his legal and personal property was not delivered with him. Injunctive relief may not be based on
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due process claim for loss of property, which does not appear in the complaint and is not subject to
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this action. A “request for injunctive relief by itself does not state a cause of action and is properly
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raised as a separate motion.” Mbaba v. Indymac Federal Bank F.S.B., 2010 WL 424363, at *4 (E.D.
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Cal. 2010). “An injunction is a remedy, not a separate claim or cause of action. A pleading can …
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request injunctive relief in connection with a substantive claim, but a separately pled claim or cause of
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action for injunctive relief is inappropriate. Jensen v. Quality Loan Service Corp., 702 F.Supp.2d
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1183, 1201 (E.D. Cal. 2010). Because Plaintiff is not proceeding on a claim of retaliation only, the
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Court lacks jurisdiction to issue the order sought by Plaintiff, and his motion must be denied.
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II.
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RECOMMENDATION
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Based on the foregoing, IT IS HEREBY RECOMMENDED that Plaintiff’s motion for
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injunctive relief, filed December 28, 2015, be DENIED.
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This Findings and Recommendation will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days
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after being served with these Findings and Recommendation, Plaintiff may file written objections with
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the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and
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Recommendation.” Plaintiff is advised that failure to file objections within the specified time may
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result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)
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(citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
December 30, 2015
UNITED STATES MAGISTRATE JUDGE
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