Smith v. Unknown Law Agencies et al

Filing 12

ORDER DENYING PLAINTIFF'S MOTIONS FOR RELEASE FROM CUSTODY, ACCESS TO THE LAW LIBRARY, AND MEDICAL CARE re 10 , 11 signed by Magistrate Judge Gary S. Austin on 6/17/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLEVELAND SMITH,

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ORDER DENYING PLAINTIFF’S
MOTIONS FOR RELEASE FROM
CUSTODY, ACCESS TO THE LAW
LIBRARY, AND MEDICAL CARE
(Docs. 10, 11.)

Plaintiff,

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1:14-cv-00783-AWI-GSA-PC

vs.
UNKNOWN LAW AGENCIES AND
EXTENDED BRANCHES, et al.,
Defendants.

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I.

BACKGROUND

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Cleveland Smith ("Plaintiff") is an inmate at the Fresno County Jail, proceeding pro se

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and in forma pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. On May 22,

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2014, Plaintiff filed the Complaint commencing this action. (Doc. 1.)

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On June 11, 2014, Plaintiff filed motions for court orders releasing him from custody,

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allowing him access to the prison law library, and providing him with medical care. (Docs. 10,

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11.)

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II.

PRELIMINARY INJUNCTIVE RELIEF

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The court lacks jurisdiction to grant Plaintiff’s motions. Federal courts are courts of

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limited jurisdiction and in considering a request for preliminary injunctive relief, the Court is
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bound by the requirement that as a preliminary matter, it have before it an actual case or

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controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 1665 (1983);

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Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S.

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464, 471, 102 S.Ct. 752, 757-58 (1982).

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controversy before it, it has no power to hear the matter in question. Id.

If the Court does not have an actual case or

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With respect to Plaintiff’s release from custody, such relief is not available in this §

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1983 action. Such relief may only be found through a habeas corpus proceeding. When a

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prisoner challenges the legality or duration of his custody, or raises a constitutional challenge

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which could entitle him to an earlier release, his sole federal remedy is a writ of habeas corpus.

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Preiser v. Rodriguez, 411 U.S. 475 (1973); Young v. Kenny, 907 F.2d 874 (9th Cir. 1990), cert.

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denied 11 S.Ct. 1090 (1991). Therefore, Plaintiff’s motion for release from custody must be

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denied.

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With respect to law library access and medical care, the court lacks jurisdiction to issue

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the orders sought by Plaintiff because such controversies are not before the court in this case.

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As discussed above, federal courts are courts of limited jurisdiction and in considering a

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request for preliminary injunctive relief, the Court is bound by the requirement that as a

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preliminary matter, it have before it an actual case or controversy. City of Los Angeles, 461

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U.S. at 102; Valley Forge Christian Coll., 454 U.S. at 471.

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concerns claims for unlawful detention, denial of rights to counsel, adverse conditions of

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confinement, due process violations, discrimination, housing in administrative segregation,

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theft of personal property, invasion of privacy, and denial of access to the courts. Orders

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granting Plaintiff access to the law library or medical care would not remedy any of the claims

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upon which this action proceeds. Moreover, the court lacks jurisdiction over the defendants to

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this action because none of them have appeared in this action. “A federal court may issue an

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injunction [only] if it has personal jurisdiction over the parties and subject matter jurisdiction

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over the claim; it may not attempt to determine the rights of persons not before the court.@

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Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985). Therefore,

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Plaintiff’s motions for access to the law library and medical care must be denied.
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Here, Plaintiff’s Complaint

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motions for court

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orders releasing him from custody, allowing him access to the law library, and providing him

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with medical care, filed on June 11, 2014, are DENIED.

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IT IS SO ORDERED.
Dated:

June 17, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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