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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE J. PULIDO, 12 Plaintiff, 13 14 vs. 1:14-cv-01174-GSA-PC ORDER DENYING MOTION FOR PRELIMINARY INJUNCTIVE RELIEF (Doc. 8.) M. LUNES, et al., 15 Defendants. 16 17 18 I. BACKGROUND 19 Jose J. Pulido (APlaintiff@) is a state prisoner, proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint 21 commencing this action on July 28, 2014. (Doc. 1.) On August 15, 2014, Plaintiff consented 22 to the jurisdiction of a Magistrate Judge in this action pursuant to 28 U.S.C. ' 636(c), and no 23 other parties have made an appearance. (Doc. 7.) Therefore, pursuant to Appendix A(k)(4) of 24 the Local Rules of the Eastern District of California, the undersigned shall conduct any and all 25 proceedings in the case until such time as reassignment to a District Judge is required. Local 26 Rule Appendix A(k)(3). 27 28 On November 20, 2014, Plaintiff filed a motion for preliminary injunctive relief. (Doc. 8.) 1 1 II. PRELIMINARY INJUNCTIVE RELIEF 2 AA preliminary injunction is an extraordinary remedy never awarded as of right.@ 3 Winter v. Natural Resources Defense Council, Inc., 129 S.Ct. 365, 376 (2008) (citation 4 omitted). AA plaintiff seeking a preliminary injunction must establish that he is likely to 5 succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary 6 relief, that the balance of equities tips in his favor, and that an injunction is in the public 7 interest.@ Id. at 374 (citations omitted). An injunction may only be awarded upon a clear 8 showing that the plaintiff is entitled to relief. Id. at 376 (citation omitted) (emphasis added). 9 Federal courts are courts of limited jurisdiction and in considering a request for 10 preliminary injunctive relief, the Court is bound by the requirement that as a preliminary 11 matter, it have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 12 95, 102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for 13 Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the 14 Court does not have an actual case or controversy before it, it has no power to hear the matter 15 in question. 16 3626(a)(1)(A) of the Prison Litigation Reform Act, which requires that the Court find the 17 Arelief [sought] is narrowly drawn, extends no further than necessary to correct the violation of 18 the Federal right, and is the least intrusive means necessary to correct the violation of the 19 Federal right.@ Id. Requests for prospective relief are further limited by 18 U.S.C. ' 20 Plaintiff requests a court order barring prison officials at the Substance Abuse 21 Treatment Facility (SATF) in Corcoran, California, from retaliating against him by transferring 22 him to another institution, until after this case is resolved. 23 Plaintiff’s motion for injunctive relief against prison officials at SATF must be denied 24 because such relief would not remedy any of the claims in Plaintiff’s Complaint. The events at 25 issue in Plaintiff’s Complaint allegedly occurred in 2010, when prison officials failed to protect 26 Plaintiff from an identified threat to his safety. Because a court order barring future conduct by 27 prison officials would not remedy any of the claims based on past conduct upon which this 28 /// 2 1 action proceeds, the court lacks jurisdiction to issue such an order, and Plaintiff=s motion must 2 be denied. 3 III. 4 5 CONCLUSION Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff=s motion for preliminary injunctive relief, filed on November 20, 2014, is DENIED. 6 7 8 9 IT IS SO ORDERED. Dated: December 1, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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