Torres v. Diaz et al

Filing 37

FINDINGS and RECOMMENDATIONS Regarding Plaintiff's 35 Motion for Court Order to Obtain a Declaration from Prisoner Witness signed by Magistrate Judge Stanley A. Boone on 3/16/2015. Referred to Judge Anthony W. Ishii. Objections to F&R due by 4/20/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN MATIAS TORRES,

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Plaintiff,

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v.
RALPH M. DIAZ, et al.,

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Defendants.

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Case No.: 1:14-cv-00492-AWI-SAB (PC)
FINDINGS AND RECOMMENDATION
REGARDING PLAINTIFF’S MOTION FOR
COURT ORDER TO OBTAIN A DECLARATION
FROM PRISONER WITNESS
[ECF No. 35]

Plaintiff Juan Matias Torres is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s motion for a court order to obtain a declaration

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from a prisoner witness, filed March 12, 2015. (ECF No. 35.) The Court construes Plaintiff’s motion

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as a request for a preliminary injunction.

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This action is proceeding on Plaintiff’s second amended complaint against Defendants Michael

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Harris, Rumulo Garza, and Y. Arnold for excessive force in violation of the Eighth Amendment,

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against Defendant John Doe for unreasonable search, against Defendant D. Fernandez for retaliation,

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and against Defendants B. Garza and M. Pallares for a due process violation.
Defendants R. Garza, Pallares, Arnold, Fernandez, Harris, and B. Garza filed an answer to the

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second amended complaint. (ECF No. 31.)

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I.

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DISCUSSION

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The purpose of a temporary restraining order or a preliminary injunction is to preserve the

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status quo if the balance of equities so heavily favors the moving party that justice requires the court to

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intervene to secure the positions until the merits of the action are ultimately determined. University of

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Texas v. Camenisch, 451 U.S. 390, 395 (1981). “A plaintiff seeking a preliminary injunction [or

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temporary restraining order] must establish that he is likely to succeed on the merits, that he is likely

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to 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.” Winter v. Natural Resources Defense Council,

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Inc., 555 U.S. 7, 20 (2008).
“[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be

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granted unless the movant, by a clear showing, carries the burden of persuasion.”

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Armstrong, 520 U.S. 968, 972 (1997) (quotations and citations omitted) (emphasis in original). A

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party seeking a temporary restraining order or preliminary injunction simply cannot prevail when that

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motion is unsupported by evidence.

Mazurek v.

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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 Los Angeles v. Lyons, 461 U.S. 95 102 (1983); Valley Forge

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Christian Coll. V. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982). If

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

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question. Id. Requests for prospective relief are further limited by 18 U.S.C. § 3626(a)(1)(A) of the

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Prison Litigation Reform Act, which requires that the Court find the “relief [sought] is narrowly

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drawn, extends no further than necessary to correct the violation of the Federal right, and is the least

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intrusive means necessary to correct the violation of the Federal right.”

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Plaintiff is not entitled to any relief that is not narrowly drawn to correct the violation of his

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rights at issue in this action. The constitutional and statutory requirements applicable to equitable

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relief preclude Plaintiff from entitlement to generalized relief such an order directing that prison

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officials allow Plaintiff to interview a fellow inmate/witness for purposes of obtaining his declaration.
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The equitable relief requested herein is not sufficiently related to Plaintiff’s underlying legal claims to

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satisfy the jurisdictional requirements that apply to federal courts. This is for the simple reason that

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the merits of the underlying action do not relate to the conduct alleged in his motion for a preliminary

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injunction. Accordingly, Plaintiff’s motion for a preliminary injunction must be denied.

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II.

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RECOMMENDATION

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Based on the foregoing,

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IT IS HEREBY RECOMMENDED that Plaintiff’s motion for a preliminary injunction be

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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 this Findings and Recommendation, the parties may file written objections

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with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendation.” The parties are 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.

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Dated:

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March 16, 2015
UNITED STATES MAGISTRATE JUDGE

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