Rhodes v. Fresno County, et al.

Filing 45

ORDER Denying Plaintiff's 42 Motion for Injunctive Relief and Request for Judicial Notice 44 , signed by Magistrate Judge Stanley A. Boone on 5/30/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERCY LEE RHODES,

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Plaintiff,

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v.

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FRESNO COUNTY, et al.,

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Defendants.

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Case No.: 1:15-cv-01714-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR INJUNCTIVE RELIEF AND REQUEST
FOR JUDICIAL NOTICE
[ECF Nos. 42, 44]

Plaintiff Percy Lee Rhodes is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of

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the United States Magistrate Judge on November 23, 2015. Local Rule 302.

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On May 23, 2017, Plaintiff filed a motion for injunctive relief. On May 26, 2017, Plaintiff
filed a request for judicial notice.
In both his request for injunctive relief and judicial notice, Plaintiff contends that officials at

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the Los Angeles County Sheriff’s Department, where is presently incarcerated, have denied, delayed

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and prohibited him from receiving his legal mail from this Court.

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The purpose of a temporary restraining order or a preliminary injunction is to preserve the

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status quo if the balance of equities so heavily favors the moving party that justice requires the court to

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intervene to secure the positions until the merits of the action are ultimately determined. University of

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Texas v. Camenisch, 451 U.S. 390, 395 (1981). “A plaintiff seeking a preliminary injunction [or
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temporary restraining order] must establish that he is likely to succeed on the merits, that he is likely

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to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his

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favor, and that an injunction is in the public interest.” Winter v. Natural Resources Defense Council,

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Inc., 555 U.S. 7, 20 (2008).

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“[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be

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granted unless the movant, by a clear showing, carries the burden of persuasion.”

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Armstrong, 520 U.S. 968, 972 (1997) (quotations and citations omitted) (emphasis in original). A

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party seeking a temporary restraining order or preliminary injunction simply cannot prevail when that

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motion is unsupported by evidence.

Mazurek v.

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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. 95 102 (1983); Valley Forge

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Christian Coll. V. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982). If

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the Court does not have an actual case or controversy before it, it has no power to hear the matter in

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question. Id. Requests for prospective relief are further limited by 18 U.S.C. § 3626(a)(1)(A) of the

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Prison Litigation Reform Act, which requires that the Court find the “relief [sought] is narrowly

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drawn, extends no further than necessary to correct the violation of the Federal right, and is the least

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intrusive means necessary to correct the violation of the Federal right.”

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Plaintiff fails to provide a sufficient basis to warrant injunctive relief regarding receipt of his

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legal mail. This action is proceeding on Plaintiff’s claim of deliberate indifference to a serious

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medical need while Plaintiff was incarcerated at the Fresno County Jail, and no Defendant has yet

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been served or appeared in this action. Plaintiff has failed to demonstrate immediate threatened injury

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which is a prerequisite to preliminary injunctive relief. Caribbean Marine Servs. Co. v. Baldrige, 844

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F.2d 668, 674 (9th Cir. 1988). Furthermore, the Court has no jurisdiction over individuals at the Los

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Angeles County Sheriff’s Department. See Rhrgas AG v. Marathon Oil Co., 526 U.S. 574, 584 (1991)

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(“Personal jurisdiction, too, is an essential element of the jurisdiction of a district … court, without

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which the court is powerless to proceed to an adjudication.”) Because Plaintiff has failed to meet his

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burden of demonstrating that irreparable injury is likely in the absence of an injunction, Plaintiff’s

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motion for a preliminary injunction must be denied.

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IT IS SO ORDERED.

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Dated:

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May 30, 2017
UNITED STATES MAGISTRATE JUDGE

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