Vaca v. Bowen et al
Filing
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ORDER DENYING Plaintiff's Motion for Court Order 13 & 14 , signed by Magistrate Judge Dennis L. Beck on 10/15/2014. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARCOS VACA,
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Plaintiff,
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Case No. 1:14-cv-01327 DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR COURT ORDER
v.
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(Documents 13 and 14)
BOWEN, et al.,
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Defendants.
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Plaintiff Marcos Vaca (“Plaintiff”) is a California state prisoner proceeding pro se and in
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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff’s August 19, 2014,
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complaint is awaiting screening.1
On September 10, 2014, Plaintiff filed a letter in which he complains of denial of access to
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the law library and an inability to mail his legal mail. He filed a supplemental motion on September
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29, 2014. The Court construes the motions as motions for injunctive relief.
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A.
LEGAL STANDARD
“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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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on September 4, 2014.
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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). In cases brought by prisoners
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involving conditions of confinement, any preliminary injunction “must be narrowly drawn, extend
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no further than necessary to correct the harm the court finds requires preliminary relief, and be the
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least intrusive means necessary to correct the harm.” 18 U.S.C. § 3626(a)(2).
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Federal courts are courts of limited jurisdiction and in considering a request for preliminary
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injunctive relief, the Court is bound by the requirement that as a preliminary matter, it have before it
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an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983); Valley Forge
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Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471 (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 matter
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in question. Id. Requests for prospective relief are further limited by 18 U.S.C. § 3626(a)(1)(A) of
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the Prison Litigation Reform Act, which requires that the Court find the “relief [sought] is narrowly
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drawn, extends no further than necessary to correct the violation of the Federal right, and is the least
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intrusive means necessary to correct the violation of the Federal right.”
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B.
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DISCUSSION
In his motion, Plaintiff appears to complain of actions taken by a correctional officer at
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Corcoran State Prison (“CSP”). The Court does not, however, have jurisdiction to provide the relief
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he requests. This action, which forms the basis of the requirements for injunctive relief, concerns
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allegations of denial of access to the courts while Plaintiff was incarcerated at the Golden State
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Modified Community Correctional Facility (“MCCF”) in McFarland, California.
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Plaintiff therefore requests relief that is unrelated to the issues and parties in this action. The
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Court lacks personal jurisdiction over individuals who are not parties to this action and it is unable to
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order anyone at CSP to take any action. Similarly, the Court lacks jurisdiction to remedy issues at
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CSP that are unrelated to those in this action.
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Because the issues Plaintiff seeks to remedy bear no relation, jurisdictionally, to the past
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events at MCCF, the case or controversy requirement cannot be met and injunctive relief must be
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denied.
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ORDER
Based on the foregoing, Plaintiff’s motions are DENIED.
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IT IS SO ORDERED.
Dated:
/s/ Dennis
October 15, 2014
L. Beck
UNITED STATES MAGISTRATE JUDGE
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