Willard v. Moreno

Filing 11

FINDINGS and RECOMMENDATIONS Recommending that Plaintiff's Motion for Preliminary Injunctive Relief be Denied for Lack of Jurisdiction signed by Magistrate Judge Jennifer L. Thurston on 6/18/2014. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 7/7/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA A. WILLARD,
Plaintiff,

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v.

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Case No. 1:14-cv-00521-LJO-JLT (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING PLAINTIFF=S MOTION FOR
PRELIMINARY INJUNCTIVE RELIEF BE
DENIED FOR LACK OF JURISDICTION

MORENO,
(Doc. 9)
Defendant.

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15-DAY OBJECTION DEADLINE

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Plaintiff, Joshua A. Willard, is a state prisoner proceeding pro se and informa pauperis in

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on April 14, 2014.

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(Doc. 1.) On June 9, 2014, Plaintiff filed a notice of imminent danger in which he asserts that

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correctional officers are using other inmates to carry out acts of violence against him in retaliation

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for Plaintiff having filed complaints. (Doc. 9.) Plaintiff requests the Court to "please help" and

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that his concerns be brought to the attention of the warden or associate warden. (Id.) This is

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construed as a motion for injunctive relief.

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This action is proceeding on Plaintiff's claim for relief under section 1983 against

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Defendant Moreno, R.N. for deliberate indifference to Plaintiff's serious medical needs in

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violation of the Eighth Amendment. (Doc. 10.)

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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. Requests for prospective

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relief are further limited by 18 U.S.C. ' 3626(a)(1)(A) of the Prison Litigation Reform Act, which

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requires that the Court find the Arelief [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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Regardless, the pendency of this action does not give the Court jurisdiction over prison

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officials in general or over the conditions of Plaintiff=s confinement. Summers v. Earth Island

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Institute, 555 U.S. 488, 492-93 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir.

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2010). The Court=s jurisdiction is limited to the parties in this action and to the cognizable legal

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claims upon which this action is proceeding. Summers, 555 U.S. at 492-93; Mayfield, 599 F.3d at

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969.

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Plaintiff does not seek the temporary restraining order and/or preliminary injunction

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against the sole Defendant in this action. AA federal court may issue an injunction [only] if it has

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personal jurisdiction over the parties and subject matter jurisdiction over the claim; it may not

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attempt to determine the rights of persons not before the court.@ Zepeda v. United States

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Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985) (emphasis added). Thus, Plaintiff=s

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motion must be denied for lack of jurisdiction over the "officers" who Plaintiff asserts are using

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other inmates to carry out acts of violence against him.

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Plaintiff is not precluded from attempting to state cognizable claims in a new action if he

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believes his civil rights are being violated beyond his pleadings in this action. The issue is not that

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Plaintiff=s allegations are not serious, or that Plaintiff is not entitled to relief if sought in the

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proper forum. The seriousness of Plaintiff=s accusations concerning obstructing Plaintiff's access

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to his legal materials and the law library cannot and do not overcome what is a jurisdictional bar.
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Steel Co., 523 U.S. at 103-04 (A[The] triad of injury in fact, causation, and redressability

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constitutes the core of Article III=s case-or-controversy requirement, and the party invoking

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federal jurisdiction bears the burden of establishing its existence.@) This action is simply not the

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proper vehicle for conveyance of the relief Plaintiff seeks. 1

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Accordingly, the Court HEREBY RECOMMENDS that Plaintiff=s motion for injunctive

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relief, filed June 9, 2014 (Doc. 9), be denied for lack of jurisdiction. However, it is also

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recommended that the Clerk's Office be directed to forward a copy of this order and Plaintiff's

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motion to the Warden's office and to Litigation Coordinator at Kern Valley State Prison via

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facsimile to make them aware of Plaintiff's safety concerns.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within 15

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days after being served with these Findings and Recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned AObjections to Magistrate Judge=s

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Findings and Recommendations.@ Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court=s order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

June 18, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Plaintiff=s motion also fails to make the requisite showing, supported by admissible evidence, to obtain a
preliminary injunction. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20-4, 129 S.Ct. 365, 376
(2008). However, it is unnecessary to reach the merits of Plaintiff=s motions in light of the fact that the jurisdictional
issue is fatal to his requests for relief. Summers, 555 U.S. at 493, 129 S.Ct. at 1149; Mayfield, 599 F.3d at 969.

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