Martinez v. Calaveras County Sheriff's Jail et al

Filing 8

ORDER Denying 7 Plaintiff's Motion for Preliminary Injunctive Relief for Lack of Jurisdiction, without Prejudice, signed by Magistrate Judge Gary S. Austin on 7/22/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL A. MARTINEZ,

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ORDER DENYING PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTIVE RELIEF
vs.
FOR LACK OF JURISDICTION, WITHOUT
PREJUDICE
CALAVERAS COUNTY SHERIFF’S JAIL, (Doc. 7.)
et al.,

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1:15-cv-00887-GSA-PC

Plaintiff,

Defendants.

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I.

BACKGROUND

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Paul A. Martinez ("Plaintiff") is a prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this case on June 11, 2015.

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(Doc. 1.) On June 18, 2015, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (Doc. 4.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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On July 21, 2015, Plaintiff filed a motion for preliminary injunctive relief. (Doc. 7.)
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II.

PRELIMINARY INJUNCTIVE RELIEF

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The purpose of a preliminary injunction is to preserve the status quo if the balance of

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equities so heavily favors the moving party that justice requires the court to intervene to secure

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the positions until the merits of the action are ultimately determined. University of Texas v.

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Camenisch, 451 U.S. 390, 395 (1981). A preliminary injunction is available to a plaintiff who

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Ademonstrates either (1) a combination of probable success and the possibility of irreparable

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harm, or (2) that serious questions are raised and the balance of hardship tips in its favor.@

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Arcamuzi v. Continental Air Lines, Inc., 819 F. 2d 935, 937 (9th Cir. 1987). Under either

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approach the plaintiff Amust demonstrate a significant threat of irreparable injury.@ Id. Also, an

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injunction should not issue if the plaintiff Ashows no chance of success on the merits.@ Id. At a

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bare minimum, the plaintiff Amust demonstrate a fair chance of success of the merits, or

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questions serious enough to require litigation.@ Id.

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Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court

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

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102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation

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of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982); Jones v. City of

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Los Angeles, 444 F.3d 1118, 1126 (9th Cir. 2006). 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. Thus, A[a] federal

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court may issue an injunction [only] if it has personal jurisdiction over the parties and subject

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matter jurisdiction over the claim; it may not attempt to determine the rights of persons not

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before the court.@ Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir.

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1985) (emphasis added).

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Discussion

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Plaintiff requests an order requiring defendants Ballard, Bailey, Oldham, Andrews, and

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Quenzer to provide him with mental health treatment for a sleep disorder. Because none of the

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defendants have been served or appeared in this action, the Court does not have jurisdiction at

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this stage of the proceedings to issue an order requiring them to act. Therefore, Plaintiff’s

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///
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motion shall be denied, without prejudice to renewal of the motion at a later stage of the

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proceedings.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff=s motion for

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preliminary injunction, filed on July 21, 2015, is DENIED for lack of jurisdiction, without

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prejudice.

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IT IS SO ORDERED.
Dated:

July 22, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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