Windham v. Marin et al

Filing 28

FINDINGS and RECOMMENDATIONS Regarding Plaintiff's Request for Injunctive Relief, signed by Magistrate Judge Barbara A. McAuliffe on 4/20/2015, referred to Judge O'Neill. Objections to F&R Due Within Fourteen Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES W. WINDHAM,

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Plaintiff,
v.
M. MARIN, et al.,
Defendants.

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1:14-cv-01636-LJO-BAM (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING PLAINTIFF’S REQUEST
FOR INJUNCTIVE RELIEF
(ECF Nos. 25, 26)
FOURTEEN-DAY DEADLINE

Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on
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October 6, 2014, and the matter was transferred to this Court on October 20, 2014.
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On March 30, 2015, the Court found service of Plaintiff’s original complaint appropriate

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and directed Plaintiff to submit service documents for Defendants Uribe, Marin, Raley,
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Contreras, Capano, Rubio, Shiver, Morales and Navarro. (ECF No. 17.) On April 13, 2015,
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Plaintiff returned service documents for defendants, and the Court directed the United States
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Marshal to serve Plaintiff’s complaint, filed on October 6, 2014. (ECF Nos. 23, 24.)

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On April 6, 2015, Plaintiff filed two separate declarations regarding allegations of
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harassment at the institution where he is housed. On April 9, 2015, the Court denied Plaintiff’s

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request for investigation and court hearings regarding his allegations. (ECF No. 21.)
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On April 13 and April 15, 2015, Plaintiff again filed declarations regarding allegations of

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harassment at the institution where he is housed. Plaintiff seeks a protective order. (ECF Nos.

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25, 26.) The Court construes Plaintiff’s declarations as requests for injunctive relief.

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A plaintiff seeking injunctive relief “must establish that he is likely to succeed on the

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

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balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v.

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Natural Resources Defense Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 374 (2008) (citations

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omitted). An injunction may only be awarded upon a clear showing that the plaintiff is entitled

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to relief. Id. at 22 (citation omitted).

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Federal courts are courts of limited jurisdiction and, in considering a request for

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injunctive relief, the Court is bound by the requirement that as a preliminary matter, it have

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before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103

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S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church

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and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the Court does not have an

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actual case or controversy before it, it has no power to hear the matter in question. Lyons, 461

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U.S. at 102; Valley Forge Christian Coll., 454 U.S. at 471. Thus, “[a] federal court may issue an

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

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

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Zepeda v. United States Immigration Serv., 753 F.2d 719, 727 (9th Cir.1983); see Fed. R. Civ. P.

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65(d) (listing persons bound by injunction).

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The Court has reviewed Plaintiff’s declarations regarding alleged harassment and abuse

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at Corcoran State Prison. According to these declarations, Plaintiff is complaining of the actions

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of the following individuals: (1) Gutierrez; (2) Nadal; (3) Castro; (4) Zapata; and (5) Bennett.

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(ECF Nos. 18, 19, 25, 26.) Plaintiff also seeks an order directed at Warden Davey. However,

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these persons are not defendants in the current action, which involves allegations related to past

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incidents of excessive force and deliberate indifference to serious medical needs. The Court

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therefore lacks personal jurisdiction over these individuals and cannot issue the requested relief.

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Accordingly, the Court HEREBY RECOMMENDS that Plaintiff’s request for injunctive relief

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be denied.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within

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fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may

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file written objections with the Court. The document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may result in the waiver of the “right to challenge the

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magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.

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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

April 20, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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