Huskey v. Lopez, et al.

Filing 11

ORDER DISCHARGING Plaintiff's Motion for Protective Order, Temporary Restraining Order, and Preliminary Injunction 3 , signed by Magistrate Judge Jennifer L. Thurston on 7/8/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KENNETH R. HUSKEY,
Plaintiff,

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v.
LOPEZ, et al.,

Case No. 1:15-cv-00138-JLT (PC)
ORDER DISERGARDING PLAINTIFF'S
MOTION FOR PROTECTIVE ORDER,
TEMPORARY RESTRAINING ORDER, AND
PRELIMINARY INJUNCTION
(Doc. 3)

Defendants.

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In this action, Plaintiff has stated claims against: (1) Defendant Lopez for pushing him

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down a flight of stairs in violation of the Fourteenth and Eighth Amendments; and (2) Defendants

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King, Walters, and Carter for having knowledge of the risks Defendant Lopez pose to Plaintiff

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and failing to protect him in violation of the Eighth Amendment. (See Docs. 1, 8, 9, 10.)

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Concurrent with the filing of this action, Plaintiff filed an ex parte motion for protective order,

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temporary restraining order, and for preliminary injunction "to prevent Defendant Jose Lopez's

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physical abuse of plaintiff, by his physical attack on and intimidation of plaintiff." (Doc. 3.)

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

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preliminary injunctive relief, by the requirement that as a preliminary matter, it have before it an

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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

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(1982). If the Court does not have an actual case or controversy before it, it has no power to hear
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the matter in question. Id. Requests for prospective relief are further limited by 18 U.S.C. §

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

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

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

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right."

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While Plaintiff specifies that he is fearful of retaliation and further attack at the hands of

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Defendant Lopez, Plaintiff does not identify the relief he desires in his motion, in particular,

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Plaintiff does not specify what relief he desires to keep him safe from Defendant Lopez. Thus,

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the motion is not "narrowly drawn" and cannot be evaluated as to whether it is the least intrusive

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means necessary to correct the violation(s) Plaintiff complains of and is fearful will recur.
Further, A[a] 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 omitted).

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AA plaintiff seeking a preliminary injunction 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.@ Id. at 374

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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 376 (citation omitted) (emphasis added). Plaintiff has not made this

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showing. Moreover, a response to a request for preliminary injunction based upon claims such as

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those made by Plaintiff, requires a response from Defendants is crucical so that the Court can

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properly evaluate whether the relief sought by Plaintiff is narrowly tailored to achieve the

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objective.

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Finally, though the Court has ordered service of the summons and complaint, the

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Defendants have not appeared in this action. AA federal court may issue an injunction if it has

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personal jurisdiction over the parties and subject matter jurisdiction over the claim; it may not

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attempt to determine the rights of persons not before the court.@ Zepeda v. United States

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Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985). Thus, Plaintiff=s motion cannot be

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properly addressed until Defendant Lopez and/or his supervisors have appeared and are parties to

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this action.
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Accordingly, Plaintiff's motion for a general "protective order, temporary restraining

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order, and for preliminary injunction," filed on February 2, 2015 (Doc. 3), is HEREBY

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DISREGARDED.

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IT IS SO ORDERED.
Dated:

July 8, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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