Myers v. Pulido et al
Filing
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FINDINGS and RECOMMENDATIONS to Deny Plaintiff's Motion for Injunctive Relief, signed by Magistrate Judge Stanley A. Boone on 7/12/17. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DALLAS JOSHUA JAMES MYERS,
Plaintiff,
v.
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L. PULIDO,
Defendant.
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Case No.: 1:16-cv-00638-AWI-SAB (PC)
FINDINGS AND RECOMMENDATIONS TO
DENY PLAINTIFF’S MOTION FOR INJUNCTIVE
RELIEF
(ECF No. 52)
FOURTEEN (14) DAY DEADLINE
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I.
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INTRODUCTION
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Plaintiff Dallas J. Myers is a state prisoner appearing pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
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On June 14, 2017, the parties stipulated to a voluntary dismissal of this action, and thus this
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matter was terminated and dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of
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San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
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On June 30, 2017, Plaintiff filed a motion seeking an order requiring prison officials at Mule
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Creek State Prison to give him back his legal property immediately. Plaintiff states that when he was
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returned to the institution from Court and was told it could take up to 30 days for him to receive all of
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his property. Plaintiff seeks an order directing that he receive all of his property immediately. The
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Court construes Plaintiff’s request as a motion seeking preliminary injunctive relief.
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II.
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LEGAL STANDARDS
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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, 129 S. Ct. 365, 376, 172 L.Ed.2d 249 (2008)
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(citation omitted). “A plaintiff seeking a preliminary injunction must establish that he is likely to
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succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief,
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that the balance of equities tips in his favor, and that an injunction is in the public interest.” Id. at 20
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(citations omitted). An injunction may only be awarded upon a clear showing that the plaintiff is
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entitled to relief. Id. at 22 (citation omitted) (emphasis added).
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As a threshold matter, Plaintiff must establish that he has standing to seek preliminary
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injunctive relief. Summers v. Earth Island Institute, 555 U.S. 488, 493, 129 S. Ct. 1142, 1149, 173
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L.Ed.2d 1 (2009) (citation omitted); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010).
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Plaintiff “must show that he is under threat of suffering an ‘injury in fact’ that is concrete and
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particularized; the threat must be actual and imminent, not conjectural or hypothetical; it must be fairly
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traceable to challenged conduct of the defendant; and it must be likely that a favorable judicial
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decision will prevent or redress the injury.” Summers, 555 U.S. at 493 (citation omitted); Mayfield,
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599 F.3d at 969.
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III.
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DISCUSSION
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This matter concerned Plaintiff’s claims regarding allegations of past uses of excessive force
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and unconstitutional conditions of confinement at California State Prison, Corcoran, against
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Correctional Officers J. Gonzales and H. Flores. Those claims have now been voluntarily dismissed with
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prejudice by stipulation, and this matter is closed.
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The pendency of this action does not give Plaintiff standing to seek any court orders directed at
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remedying his current conditions of confinement at Mule Creek State Prison, against prison officials
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who are not a party to this action. Summers, 555 U.S. at 493 (citation omitted); Mayfield, 599 F.3d at
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969. The Court’s jurisdiction is limited to the adjudication of Plaintiff’s Eighth Amendment claims
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arising from prior events at California State Prison, Corcoran. Nor can this Court issue an order
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against individuals who are not parties to a suit pending before it. See Zenith Radio Corp. v. Hazeltine
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Research, Inc., 395 U.S. 100, 112 (1969).
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Plaintiff has also failed to allege or demonstrate “actual injury” by the alleged misconduct by
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prison officials. Plaintiff asserts that his legal property is required because he has ongoing litigation. It
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is unclear what this litigation entails, whether Plaintiff has any pending deadlines, or whether he can
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receive any extension on those deadlines based on the need for some additional time to receive his
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legal property due to his transfer. Thus, Plaintiff has failed to demonstrate that in the absence of
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preliminary injunctive relief he is likely to suffer actual injury in prosecuting his case. “Speculative
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injury does not constitute irreparable injury sufficient to warrant granting a preliminary injunction.”
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Caribbean Marine Servs. Co. v. Baldridge, 844 F.2d 668, 674 (9th Cir. 1988) (citing Goldies
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Bookstore, Inc. v. Superior Court, 739 F.2d 466, 472 (9th Cir. 1984)). Plaintiff has provided no basis
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for this court to interfere with the jail’s administration of the delivery of his property.
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IV.
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RECOMMENDATION
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Based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff’s motion seeking an
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order to Mule Creek State Prison to give him back his property immediately, filed June 30, 2017 (ECF
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No. 52), 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 fourteen (14) days
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after being served with this Findings and Recommendation, the parties may file written objections
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with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and
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Recommendation.”
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The parties are advised that failure to file objections within the specified time may result in the
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waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter
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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 12, 2017
UNITED STATES MAGISTRATE JUDGE
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