Davis v. Wilson et al

Filing 9

ORDER Denying 3 Motion for Preliminary Injunctive Relief, without Prejudice signed by Magistrate Judge Erica P. Grosjean on 08/18/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELLY DAVIS,

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Plaintiff,

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1:16-cv-00605-EPG-PC
ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTIVE RELIEF,
WITHOUT PREJUDICE
(ECF No. 3.)

vs.
R. WILSON, et al.,

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Defendants.

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I.

BACKGROUND

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Kelly Davis (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action filed pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action

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on April 29, 2016, together with a motion for preliminary injunctive relief. (ECF Nos. 1, 3.)

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On May 12, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (ECF No. 5.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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Plaintiff’s motion for preliminary injunctive relief is now before the Court.
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II.

PRELIMINARY INJUNCTIVE RELIEF

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The purpose of a preliminary injunction is to preserve the status quo if the balance of

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equities so heavily favors the moving party that justice requires the Court to intervene to secure

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the positions until the merits of the action are ultimately determined. University of Texas v.

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Camenisch, 451 U.S. 390, 395 (1981). A preliminary injunction is available to a plaintiff who

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“demonstrates either (1) a combination of probable success and the possibility of irreparable

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harm, or (2) that serious questions are raised and the balance of hardship tips in its favor.”

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Arcamuzi v. Continental Air Lines, Inc., 819 F. 2d 935, 937 (9th Cir. 1987). Under either

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approach the plaintiff “must demonstrate a significant threat of irreparable injury.” Id. Also,

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an injunction should not issue if the plaintiff “shows no chance of success on the merits.” Id.

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At a bare minimum, the plaintiff “must demonstrate a fair chance of success of the merits, or

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questions serious enough to require litigation.” Id.

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Federal Courts are courts of limited jurisdiction, and as a preliminary matter, the Court

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must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95,

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102 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State,

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Inc., 454 U.S. 464, 471 (1982); Jones v. City of Los Angeles, 444 F.3d 1118, 1126 (9th Cir.

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2006). If the Court does not have an actual case or controversy before it, it has no power to

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hear the matter in question. Id. As an initial matter, “a court has no power to adjudicate a

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personal claim or obligation unless it has jurisdiction over the person of the defendant.” Zenith

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Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 110 (1969) (emphasis added); S.E.C. v.

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Ross, 504 F.3d 1130, 1138-39 (9th Cir. 2007).

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Discussion

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Plaintiff requests a Court order enjoining defendants from denying or delaying medical

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treatment to Plaintiff including “appropriate diagnostic procedures, appropriate specialist

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consultations and recommend[ed] procedure[s] and treatments deemed necessary, from denying

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or delaying prescription of appropriate and effective pain relief medications for lumbar disc(s)

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desiccation, hypertrophic degeneration, annular fissures and multiple central canal & bilateral

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neural forminal narrowing.” (ECF No. 3 at 1:20-25.)
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In this case, no defendant has yet made an appearance; it is not yet time for service of

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process in this case, which will then trigger defendants’ obligation to file a response to the

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complaint. Whatever merit there might otherwise be to Plaintiff’s request for a preliminary

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injunction, at this juncture the Court lacks personal jurisdiction over the defendants and it

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cannot issue an order requiring them to take any action. Zenith Radio Corp., 395 U.S. at 110;

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Ross, 504 F.3d at 1138-39. Therefore, Plaintiff’s motion must be denied. Plaintiff is not

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precluded from renewing the motion at a later stage of the proceedings.

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III.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for

preliminary injunctive relief, filed on April 29, 2016, is DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

August 18, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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