Dulaney v. Fresno Police Department et al

Filing 17

ORDER DENYING 9 Request for Injunctive Relief signed by Magistrate Judge Barbara A. McAuliffe on 1/21/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO DULANEY,

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Plaintiff,
v.
JERRY DYER, FRESNO POLICE
DEPARTMENT, FRESNO POLICE
OFFICER RICHARD BADILLA, FRESNO
POLICE OFFICER MATHEW SILVER
Defendant.

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Case No. 1:14-cv-1051-LJO-BAM
ORDER DENYING REQUEST FOR
INJUNCTIVE RELIEF
(ECF No. 9)

Plaintiff Mario Dulaney (“Plaintiff”) appears to be a pretrial detainee proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 24,

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2014, Plaintiff filed a motion requesting the Court to permit non-collect calls to help with all the

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legalities of the case. (Doc. 9.) The Court will construe Plaintiff’s motion as request for a

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temporary restraining order/preliminary injunction to compel prison officials to allow telephone

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calls. Plaintiff has consented to the jurisdiction of the Magistrate Judge. (Doc. 4.)

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The purpose of a preliminary injunction is to preserve the status quo if the balance of

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equities so heavily favors the moving party that justice requires the court to intervene to secure

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the positions until the merits of the action are ultimately determined. University of Texas v.

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Camenisch, 451 U.S. 390, 395, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1981). “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.” Winter v. Natural Resources Defense

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Council, Inc., 555 U.S. 7, 129 S.Ct. 365, 374, 172 L.Ed.2d 249 (2008). “[A] preliminary
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injunction is an extraordinary and drastic remedy, one that should not be granted unless the

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movant, by a clear showing, carries the burden of persuasion.” Mazurek v. Armstrong, 520 U.S.

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968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997) (quotations and citations omitted) (emphasis

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in original).

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Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court

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must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102,

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103 S.Ct. 1660, 75 L.Ed.2d 675 (1983); Valley Forge Christian Coll. v. Ams. United for

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Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982).

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If the court does not have an actual case or controversy before it, it has no power to hear the

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matter in question. Lyons, 461 U.S. at 102. Thus, “[a] federal court may issue an injunction

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

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claim; it may not attempt to determine the rights of persons not before the court.” Zepeda v.

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United States Immigration Serv., 753 F.2d 719, 727 (9th Cir.1985).

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The pendency of this action does not give the Court jurisdiction over prison officials in

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general. Summers v. Earth Island Institute, 555 U.S. 488, 491–93, 129 S.Ct. 1142, 173 L.Ed.2d 1

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(2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir.2010). The Court's jurisdiction is

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limited to the parties in this action and to the viable legal claims upon which this action is

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proceeding. Summers, 555 U.S. at 491–93; Mayfield, 599 F.3d at 969.

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Plaintiff seeks a temporary restraining order/preliminary injunction ordering prison

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officials to permit non-collect telephone calls. However, Plaintiff has not met the requirements

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for a preliminary injunction. Further, this Court does not have jurisdiction over prison officials.

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Finally, the Court dismissed the amended complaint with leave to amend and no claims are

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currently pending. Accordingly, Plaintiff's motion for non-collect calls, construed as a motion a

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motion for temporary restraining order/ preliminary injunction, is DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

January 21, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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