Quiroga v. King et al

Filing 47

ORDER DENYING Plaintiff's 40 41 Motions to Add Jurisdiction and for a Preliminary Injunction signed by Magistrate Judge Michael J. Seng on 4/14/2017. (Sant Agata, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MONICO J. QUIROGA, III, 9 10 11 Plaintiff, v. TIMOTHY KING, et al. 12 CASE NO. 1:15-cv-01697-AWI-MJS (PC) ORDER DENYING PLAINTIFF’S MOTIONS TO ADD JURISDICTION AND FOR A PRELIMINARY INJUNCTION (ECF Nos. 40 & 41) Defendants. 13 14 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action brought pursuant to 42 U.S.C. § 1983. The action was dismissed with 17 prejudice for failure to state a claim, and Plaintiff appealed. (ECF Nos. 38 & 42.) Before 18 the Court are Plaintiff’s February 21, 2017 “Motion to Add Jurisdiction” and “Motion to 19 Add Jurisdiction [and for a] Preliminary Injunction.” (ECF No. 40 & 41.) 20 As Plaintiff’s case is now closed, the desired relief is not available. See Zepeda v. 21 United States Immigration Serv., 753 F.2d 719, 727 (9th Cir. 1985) (the Court lacks 22 jurisdiction to direct the actions of parties not before the Court). 23 Accordingly, Plaintiff’s motions are HEREBY DENIED. 24 IT IS SO ORDERED. 25 26 27 28 Dated: April 14, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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