Pulido v. Lunes et al

Filing 9

ORDER DENYING 8 Motion for Preliminary Injunctive Relief signed by Magistrate Judge Gary S. Austin on 12/1/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE J. PULIDO,

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Plaintiff,

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vs.

1:14-cv-01174-GSA-PC
ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTIVE RELIEF
(Doc. 8.)

M. LUNES, et al.,

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Defendants.

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I.

BACKGROUND

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Jose J. Pulido (APlaintiff@) is a state prisoner, proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint

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commencing this action on July 28, 2014. (Doc. 1.) On August 15, 2014, Plaintiff consented

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to the jurisdiction of a Magistrate Judge in this action pursuant to 28 U.S.C. ' 636(c), and no

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other parties have made an appearance. (Doc. 7.) Therefore, pursuant to Appendix A(k)(4) of

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the Local Rules of the Eastern District of California, the undersigned shall conduct any and all

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proceedings in the case until such time as reassignment to a District Judge is required. Local

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Rule Appendix A(k)(3).

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On November 20, 2014, Plaintiff filed a motion for preliminary injunctive relief. (Doc.
8.)
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II.

PRELIMINARY INJUNCTIVE RELIEF

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AA preliminary injunction is an extraordinary remedy never awarded as of right.@

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Winter v. Natural Resources Defense Council, Inc., 129 S.Ct. 365, 376 (2008) (citation

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omitted). AA plaintiff seeking a preliminary injunction must establish that he is likely to

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succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary

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relief, that the balance of equities tips in his favor, and that an injunction is in the public

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interest.@ Id. at 374 (citations omitted). An injunction may only be awarded upon a clear

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showing that the plaintiff is entitled to relief. Id. at 376 (citation omitted) (emphasis added).

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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

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

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95, 102, 103 S.Ct. 1660, 1665 (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, 757-58 (1982). If the

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

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in question.

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3626(a)(1)(A) of the Prison Litigation Reform Act, which requires that the Court find the

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Arelief [sought] is narrowly drawn, extends no further than necessary to correct the violation of

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the Federal right, and is the least intrusive means necessary to correct the violation of the

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Federal right.@

Id.

Requests for prospective relief are further limited by 18 U.S.C. '

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Plaintiff requests a court order barring prison officials at the Substance Abuse

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Treatment Facility (SATF) in Corcoran, California, from retaliating against him by transferring

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him to another institution, until after this case is resolved.

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Plaintiff’s motion for injunctive relief against prison officials at SATF must be denied

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because such relief would not remedy any of the claims in Plaintiff’s Complaint. The events at

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issue in Plaintiff’s Complaint allegedly occurred in 2010, when prison officials failed to protect

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Plaintiff from an identified threat to his safety. Because a court order barring future conduct by

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prison officials would not remedy any of the claims based on past conduct upon which this

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action proceeds, the court lacks jurisdiction to issue such an order, and Plaintiff=s motion must

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be denied.

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III.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff=s motion for

preliminary injunctive relief, filed on November 20, 2014, is DENIED.

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IT IS SO ORDERED.
Dated:

December 1, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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