Sorrells v. United States Marshals Service et al

Filing 23

FINDINGS and RECOMMENDATIONS recommending that 21 Plaintiff's Motion for a Court Order to Receive Medical Treatment be DENIED re 20 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Stanley A. Boone on 7/18/2016. Referred to Judge Drozd. Objections to F&R due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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UNITED STATES MARSHALS SERVICE, )
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et al.,
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Defendants.
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SHANNON SORRELLS,

Case No.: 1:16-cv-00081-DAD-SAB (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING PLAINTIFF’S EX PARTE
MOTION FOR INJUNCTIVE RELIEF
[ECF No. 21]

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Plaintiff Shannon Sorrells is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff declined United States magistrate judge jurisdiction, and this

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matter was therefore referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B)

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and Local Rule 302.

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On May 23, 2016, Plaintiff filed an ex parte motion requesting the court issue an order

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directing jail officials to provide Plaintiff with medical treatment. The Court construes Plaintiff’s

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motion as a request for a preliminary injunction.

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I.

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DISCUSSION

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A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v.

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Natural Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (citation omitted). “A plaintiff seeking a

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preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to
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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.” Id. at 20 (citations omitted). An injunction may

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only be awarded upon a clear showing that the plaintiff is entitled to relief. Id. at 22 (citation omitted).

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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 L.A. v. Lyons, 461 U.S. 95, 102 (1983); Valley Forge Christian

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

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

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Id. “[The] triad of injury in fact, causation, and redressability constitutes the core of Article III’s case-

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or-controversy requirement, and the party invoking federal jurisdiction bears the burden of

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establishing its existence.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 103-04 (1998).

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

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

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

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

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On July 15, 2016, the Court found that Plaintiff’s first amended complaint stated a cognizable

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claim for deliberate indifference against Defendants Captain Horton and Melhoff only, and Plaintiff

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was granted the opportunity to amend the complaint again or proceed against only Captain Horton and

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Malhoff. (ECF No. 22.) Thus, no Defendant has yet been served with the operative complaint or filed

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a response, and the Court lacks the jurisdiction to issue the orders sought by Plaintiff. Summers v.

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Earth Island Inst., 555 U.S. 488, 493 (2009); Stormans, Inc. v. Selecky, 586 F.3d 1109, 1119 (9th Cir.

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2009).

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Even assuming that the Court has jurisdiction to issue Plaintiff’s requested relief, he has not

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met his burden as the moving party. As stated in the Court’s screening order, “[c]laims by pretrial

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detainees [such as Plaintiff here] are analyzed under the Fourteenth Amendment Due Process Clause,

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rather than the Eighth Amendment [, which applies to prisoners in custody pursuant to a judgment of

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conviction].” Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998). Where a plaintiff alleges

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inadequate medical care, however, “pretrial detainees’ rights under the Fourteenth Amendment are

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comparable to prisoners’ rights under the Eighth Amendment, [so] we apply the same standards.” Id.

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While the Eighth Amendment of the United States Constitution entitles Plaintiff to medical

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care, the Eighth Amendment is violated only when a prison official acts with deliberate indifference to

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an inmate’s serious medical needs. Snow v. McDaniel, 681 F.3d 978, 985 (9th Cir. 2012), overruled

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in part on other grounds, Peralta v. Dillard, 744 F.3d 1076, 1082-83 (9th Cir. 2014); Wilhelm v.

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Rotman, 680 F.3d 1113, 1122 (9th Cir. 2012); Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006).

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Plaintiff “must show (1) a serious medical need by demonstrating that failure to treat [his] condition

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could result in further significant injury or the unnecessary and wanton infliction of pain,” and (2) that

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“the defendant’s response to the need was deliberately indifferent.” Wilhelm, 680 F.3d at 1122 (citing

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Jett, 439 F.3d at 1096). Deliberate indifference is shown by “(a) a purposeful act or failure to respond

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to a prisoner’s pain or possible medical need, and (b) harm caused by the indifference.” Wilhelm, 680

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F.3d at 1122 (citing Jett, 439 F.3d at 1096). The requisite state of mind is one of subjective

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recklessness, which entails more than ordinary lack of due care. Snow, 681 F.3d at 985 (citation and

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quotation marks omitted); Wilhelm, 680 F.3d at 1122.

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In his motion, Plaintiff requests that the Court order the Fresno County jail to provide him

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medical treatment for his pain. Despite Plaintiff’s opinions as to what the proper medical treatment is,

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there is no indication that Plaintiff is in immediate need of the treatment he seeks and is under

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significant threat of irreparable harm without the medication. Thus, Plaintiff has not made the

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showing required to meet his burden as the party moving for preliminary injunctive relief.

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II.

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RECOMMENDATION

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Accordingly, it is HEREBY RECOMMENDED that Plaintiff’s motion for a court order to
receive medical treatment must be DENIED.

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This Findings and Recommendation will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days after

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being served with this Findings and Recommendation, Plaintiff may file written objections with the

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Court.

The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendation.” Plaintiff is advised that failure to file objections within the specified time may

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result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)

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

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IT IS SO ORDERED.

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Dated:

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July 18, 2016
UNITED STATES MAGISTRATE JUDGE

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