Dustin v. Gipson et al
Filing
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FINDINGS and RECOMMENDATIONS Denying Plaintiff's Requests for Injunctive Relief (Document 24 - 2), signed by Magistrate Judge Dennis L. Beck on 6/19/14: Matter referred to Judge Ishii.(Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DALE OWEN DUSTIN,
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Plaintiff,
v.
Case No. 1:14-cv-00757 AWI DLB PC
FINDINGS AND RECOMMENDATIONS
DENYING PLAINTIFF’S REQUESTS FOR
INJUNCTIVE RELIEF
(Document 24-2)
GIPSON, et al.,
THIRTY-DAY OBJECTION DEADLINE
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Defendants.
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Plaintiff Dale Owen Dustin (“Plaintiff”) is a California state prisoner proceeding pro se and
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in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action was transferred to
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this Court on May 16, 2014.
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On June 9, 2014, the Court dismissed his complaint with leave to amend. Plaintiff has not
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yet filed an amended complaint, though the time for filing an amended complaint has not yet passed.
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On June 11, 2014, Plaintiff filed numerous motions in which he requests injunctive relief. As
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best the Court can tell, Plaintiff requests (1) that the Court reduce his restitution from 50 percent to
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20 percent; and (2) that the Court order prison official to provide him with a religious diet.
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DISCUSSION
“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v.
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Natural Resources Defense Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 376 (2008) (citation
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omitted). “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on
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the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the
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balance of equities tips in his favor, and that an injunction is in the public interest.” Id. at 20
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(citations omitted). An injunction may only be awarded upon a clear showing that the plaintiff is
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entitled to relief. Id. at 22 (citation omitted) (emphasis added).
Plaintiff’s complaint has been dismissed with leave to amend. Until Plaintiff files an
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amended complaint and the Court is able to determine which claims are cognizable and
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appropriately raised in this action, the Court lacks jurisdiction to issue any preliminary injunctions.
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18 U.S.C. § 3626(a)(1)(A); Summers v. Earth Island Institute, 555 U.S. 488, 493, 129 S.Ct. 1142,
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1149 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). Further, some of the
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orders sought by Plaintiff cannot be issued even assuming Plaintiff is able to amend to state one or
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more cognizable claims. For example, the Court cannot interfere with Plaintiff’s restitution related
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to his state criminal conviction.
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RECOMMENDATION
Accordingly, the Court RECOMMENDS that Plaintiff’s requests for injunctive relief be
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DENIED.
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These Findings and Recommendations will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty (30) days
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after being served with these Findings and Recommendations, Plaintiff 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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Recommendations.” Plaintiff is advised that failure to file objections within the specified time may
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waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir.
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1991).
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IT IS SO ORDERED.
Dated:
/s/ Dennis
June 19, 2014
L. Beck
UNITED STATES MAGISTRATE JUDGE
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