Briones v. Harrington et al

Filing 9

ORDER DENYING Plaintiff's Motion For Preliminary Injunction 8 , signed by Magistrate Judge Dennis L. Beck on 1/29/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LORENZO ANGELO BRIONES,
Aka ANGIE BRIONES,

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ORDER DENYING PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTION

Plaintiff,

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Case No. 1:15-cv-01898 DLB PC

v.

[ECF No. 8]

KELLY HARRINGTON, et al.,
Defendants.

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Plaintiff Lorenzo Angelo Briones, aka Angie Briones, a state prisoner proceeding pro se
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and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on December
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21, 2015. She consented to the jurisdiction of the Magistrate Judge on December 31, 2015.
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Plaintiff names as defendants: Kelly Harrington, Diane Toche, A. Klang, Dr. Ramos, Wasco
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State Prison medical staff, and Warden Katavich. By separate order, the Court has screened the
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complaint and dismissed it with leave to amend.
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On January 12, 2016, Plaintiff filed a motion for preliminary injunction. Plaintiff asks
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that the Court order Defendants to provide her with an egg crate foam pad and a prescription for
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Gabapentin.
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A preliminary injunction is an extraordinary remedy never awarded as of right. Winter v.
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Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). For each
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1 form of relief sought in federal court, Plaintiff must establish standing. Summers v. Earth Island
2 Institute, 555 U.S. 488, 493 (2009) (citation omitted); Mayfield v. United States, 599 F.3d 964,
3 969 (9th Cir. 2010) (citation omitted). This requires Plaintiff to show that she is under threat of
4 suffering an injury in fact that is concrete and particularized; the threat must be actual and
5 imminent, not conjectural or hypothetical; it must be fairly traceable to challenged conduct of the
6 defendant; and it must be likely that a favorable judicial decision will prevent or redress the
7 injury. Summers, 555 U.S. at 493 (quotation marks and citation omitted); Mayfield, 599 F.3d at
8 969. Further, any award of equitable relief is governed by the Prison Litigation Reform Act,
9 which provides in relevant part, “Prospective relief in any civil action with respect to prison
10 conditions shall extend no further than necessary to correct the violation of the Federal right of a
11 particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief
12 unless the court finds that such relief is narrowly drawn, extends no further than necessary to
13 correct the violation of the Federal right, and is the least intrusive means necessary to correct the
14 violation of the Federal right.” 18 U.S.C. § 3626(a)(1)(A).
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By separate order issued concurrently with this order, the Court has screened and

16 dismissed the complaint with leave to amend. Until Plaintiff has filed an amended complaint
17 with claims that are cognizable and appropriately raised in this action, the Court lacks
18 jurisdiction to issue any preliminary injunctions. 18 U.S.C. § 3626(a)(1)(A); Summers, 555 U.S.
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ORDER

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for preliminary

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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 29, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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