Quair, Sr. v. Vento et al

Filing 17

ORDER Denying Plaintiff's Motion for Preliminary Injunction and Request to Vacate Screening Order; ORDER Granting Plaintiff Extension of Time to File Amended Complaint re 16 , signed by Magistrate Judge Barbara A. McAuliffe on 6/29/15. Amended Complaint Due Within Thirty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAMMY R. QUAIR, SR.,

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Plaintiff,
v.
VENTO, et al.,
Defendants.

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Case No.: 1:14-cv-01616-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION AND REQUEST
TO VACATE SCREENING ORDER
(ECF No. 16)
ORDER GRANTING PLAINTIFF EXTENSION OF
TIME TO FILE AMENDED COMPLAINT
THIRTY-DAY DEADLINE

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Plaintiff Sammy R. Quair, Sr. (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 16, 2014. Plaintiff

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consented to the jurisdiction of a United States Magistrate Judge. (ECF No. 7.) This action concerns

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events that occurred while he was a pretrial detainee in the Kings County Jail.

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On June 8, 2015, the Court dismissed Plaintiff’s complaint with leave to amend within thirty
days. (ECF No. 12.)
On June 25, 2015, Plaintiff filed the instant motion requesting a court order directing Corcoran

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State Prison to provide him with his legal materials. Plaintiff also requests that the Court vacate the

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thirty-day deadline to file his first amended complaint. (ECF No. 16, p. 2.) The Court construes

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Plaintiff’s motion as a request for preliminary injunctive relief.

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“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 omitted).

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“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits,

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that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of

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equities tips in his favor, and that an injunction is in the public interest.” Id. at 20 (citations omitted).

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An injunction may only be awarded upon a clear showing that the plaintiff is entitled to relief. Id. at

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22 (citation omitted).

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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, 101-102, 103 S.Ct. 1660,

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1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc.,

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454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the Court does not have an actual case or

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

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In this instance, there is no operable complaint on file and Plaintiff has not stated a cognizable

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claim. However, even if Plaintiff is able to state a cognizable claim, he seeks relief from non-parties

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to this action. The Court therefore lacks jurisdiction to issue a preliminary injunction directed at

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Corcoran State Prison staff. See, e.g., Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100,

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110, 89 S.Ct. 1562, 1569 (1969).

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Insofar as Plaintiff requests that the Court vacate the screening order and the related thirty-day

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deadline to amend his complaint, this request shall be denied. The Court will not vacate its screening

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order or eliminate all deadlines in this action. At this time, however, Plaintiff will be granted an

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additional thirty days to file any amended complaint. Thereafter, if Plaintiff requires additional time

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to amend his complaint, he may file a motion supported by good cause. Fed. R. Civ. P. 6(b).

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for a preliminary injunction, filed on June 25, 2015, is DENIED;

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2. Plaintiff’s request to vacate the thirty-day deadline to amend his complaint is DENIED:

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3. Plaintiff is granted a thirty days (30) after service of this order to file his first amended

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complaint; and
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4. If Plaintiff fails to comply with this order, this action will be dismissed for failure to
comply with a court order and failure to state a claim.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 29, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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