Bodnar v. CDCR, et al.

Filing 10

ORDER DENYING Plaintiff's 9 Request for Emergency Injunction signed by Magistrate Judge Stanley A. Boone on 4/14/2017. (Sant Agata, S)

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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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CALIFORNIA DEPARTMENT OF
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CORRECTIONS AND REHABILITATION, )
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et al.,
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Defendants.
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THOMAS BODNAR,

1:16-cv-01398-SAB (PC)
ORDER DENYING PLAINTIFF’S
REQUEST FOR AN EMERGENCY
INJUNCTION
(ECF No. 9)

Plaintiff Thomas Bodnar is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge

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jurisdiction pursuant to 28 U.S.C. § 636(c) and Local Rule 302. (ECF No. 6.)

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Currently before the Court is Plaintiff’s motion requesting an emergency injunction, filed
April 12, 2017. (ECF No. 9.)

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I.

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DISCUSSION

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In his motion, Plaintiff states that he is due to be released from prison on May 145, 2017

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on parole, and his parole conditions do not allow him to have a P.O. Box or access to a

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computer. (ECF No. 9.) Plaintiff states that this would prevent him from litigating his case, as he

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will be homeless and will have no address for his legal mail, or access to a computer for legal

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research. Plaintiff further states that he sent a complaint to his parole officer, and the officer

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responded that Plaintiff could have mail, including legal mail, sent to the parole office, and that

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he could access a computer at the parole office where his computer use would be supervised.
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Plaintiff asserts that the accommodation he is being offered does not afford him sufficient

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due process because the parole officer would “look over my shoulder and watch how and what I

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do to litigate my case against CDCR,” and because his access to mail may be delayed by these

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arrangements. Plaintiff wishes to purchase a laptop with parental control software that only

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allows administrative access to the parole officer, and to be allowed to obtain a P.O. Box or a

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similar UPS store mailbox. Plaintiff seeks for an order to be issued against the California

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Department of Corrections and Rehabilitation (“CDCR”) Sex Offenders Unit in Sacramento,

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California, and against the CDCR DAPO-SBA office in San Bernardino, California.

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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. Univ. of Texas v.

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Camenisch, 451 U.S. 390, 395 (1981). “A plaintiff seeking a preliminary injunction must

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establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in

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the absence of preliminary relief, that the balance of equities tips in his favor, and that an

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injunction is in the public interest.” Winter v. Natural Resources Defense Council, Inc., 555 U.S.

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7 (2008). “[A] preliminary injunction is an extraordinary and drastic remedy, one that should not

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be granted unless the movant, by a clear showing, carries the burden of persuasion.” Mazurek v.

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Armstrong, 520 U.S. 968, 972 (1997) (quotations and citations omitted) (emphasis in original).

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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). If the court does not have an actual case or controversy before it,

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it has no power to hear the matter in question. Lyons, 461 U.S. at 102. Thus, “[a] federal court

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may issue an injunction [only] if it has personal jurisdiction over the parties and subject matter

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jurisdiction over the claim; it may not attempt to determine the rights of persons not before the

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court.” Zepeda v. United States Immigration Serv., 753 F.2d 719, 727 (9th Cir. 1985).

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The pendency of this action does not give the Court jurisdiction over prison officials in
general. Summers v. Earth Island Institute, 555 U.S. 488, 491–93 (2009); Mayfield v. United
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States, 599 F.3d 964, 969 (9th Cir. 2010). The Court’s jurisdiction is limited to the parties in this

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action and to the viable legal claims upon which this action is proceeding. Summers, 555 U.S. at

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491–93; Mayfield, 599 F.3d at 969.

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Plaintiff has not met the requirements for the emergency injunctive relief he seeks in this

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motion. Plaintiff’s complaint has not yet been screened, and the Court has not yet determined

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whether he has stated any cognizable claims. No defendant has been ordered served, and no

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defendant has yet made an appearance. Plaintiff’s complaint concerns claims against certain

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prison medical officials and CDCR as regards allegations of denied and delayed medical care,

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not any claims related to his parole conditions. Thus, there is no jurisdiction in this action for the

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specific forms of injunctive relief Plaintiff is requesting as regards modification of his parole

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conditions. Nor does the Court find that Plaintiff has shown any irreparable harm justifying the

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need for the extraordinary need requested here, as he concedes he is being accommodated with

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access to legal mail and a computer. To the extent Plaintiff may require additional time to meet a

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deadline in this case, he may request an extension of time supported by good cause prior to the

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expiration of that deadline.

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II.

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CONCLUSION
Accordingly, Plaintiff’s motion requesting an emergency injunction, filed on April 12,

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2017 (ECF No 9), is DENIED.

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IT IS SO ORDERED.
Dated:

April 14, 2017
UNITED STATES MAGISTRATE JUDGE

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