Quiroga v. Medical Service Doctor et al

Filing 42

FINDINGS and RECOMMENDATIONS recommending that Plaintiff's 33 Motion for Injunctive Relief, filed on March 3, 2017 33 , be DENIED ; referred to Judge O'Neill,signed by Magistrate Judge Jennifer L. Thurston on 05/31/2017. Objections to F&R due : 21-Day Deadline(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MONICO J. QUIROGA, III,

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Plaintiff,

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v.
Dr. HASTA,

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Case No. 1:15-cv-01871-LJO-JLT (PC)
FINDINGS AND RECOMMENDATION
TO DENY PLAINTIFF’S MOTION FOR
INJUNCTIVE RELIEF
(Doc. 33)

Defendant.

21-DAY DEADLINE

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On March 3, 2017, Plaintiff filed a motion which is construed as a motion for preliminary
injunctive relief since it seeks an order directing medical personnel to provide him pain
medication -- 150 mg Tramadol and 1200 mg Gabapentin. (Doc. 33.)

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As a threshold matter, Plaintiff must establish that he has standing to seek preliminary
injunctive relief. Summers v. Earth Island Institute, 555 U.S. 488, 493-94 (2009); Mayfield v.
United States, 599 F.3d 964, 969 (9th Cir. 2010). Plaintiff “must show that he is under threat of
suffering an ‘injury in fact’ that is concrete and particularized; the threat must be actual and
imminent, not conjectural or hypothetical; it must be fairly traceable to challenged conduct of the
defendant; and it must be likely that a favorable judicial decision will prevent or redress the
injury.” Summers, 555 U.S. at 493 (citation and quotation marks omitted); Mayfield, 599 F.3d at
969.
The medical care claims which Plaintiff proceeds on in this action arise from events that
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occurred at Kern County Lerdo Max-Med Security Facility (Lerdo Max-Med) in Bakersfield,

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California. However, Plaintiff was subsequently transferred and is currently housed at High

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Desert State Prison. Plaintiff thus lacks standing in this action to seek relief directed at

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remedying his current conditions of confinement at HDSP. Further, to the extent that his motion

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seeks relief to remedy his conditions of confinement for the time he was at Lerdo Max-Med, it

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was rendered moot on his transfer to HDSP. See Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir.

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1995); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991). Thus, Plaintiff=s motion for a

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preliminary injunction should be denied.1

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Accordingly, the Court RECOMMENDS that Plaintiff=s motion for injunctive relief, filed
on March 3, 2017 (Doc. 33), 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 21

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days after being served with these Findings and Recommendations, Plaintiff may file written

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objections with the Court. Local Rule 304(b). The document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” Failure to file objections within the

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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,

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839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

May 31, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Plaintiff=s motion also fails to make the requisite showing, supported by admissible evidence, to obtain a
preliminary injunction. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20-4, 129 S.Ct. 365, 376
(2008). However, it is unnecessary to reach the merits of Plaintiff=s motions in light of the fact that Plaintiff lacks
standing on this issue.

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