Walker v. Wechsler, et al.

Filing 7

FINDINGS and RECOMMENDATION to Deny Plaintiff's 4 MOTION for Injunctive Relief for Lack of Jurisdiction, signed by Magistrate Judge Jennifer L. Thurston on 10/11/16. Referred to Judge Drozd; 30-Day Deadline. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEFF WALKER, Plaintiff, 12 13 14 15 Case No. 1:16-cv-01417-JLT (PC) v. Dr. WECHSLER, et. al., Defendants. FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF FOR LACK OF JURISDICTION (Doc. 4) 30-DAY DEADLINE 16 17 Plaintiff filed a motion seeking injunctive relief and/or a temporary restraining order 18 asserting that three staff, Omar, Alex, and Alfredo have been assigned to monitor him (“1:1”). 19 Plaintiff states that, because of his underlying Post-Traumatic Stress Disorder from sexual 20 assaults while he was incarcerated, this causes him great anxiety and has resulted in his 21 hospitalization for high blood pressure. Plaintiff further allege that Alfredo sexually assaulted 22 him when he was asleep and that “Janet and Carolyn placed him 1:1 on purposes in Plaintiff’s 23 belief to assault him as Alfredo later told Plaintiff he was bisexual.” (Doc. 4.) 24 As an initial matter and as stated in the recently issued screening order, Plaintiff has not 25 stated a cognizable claim upon which relief may be granted, such that there is no actual case or 26 controversy before the Court at this time, and Court lacks the jurisdiction to issue the orders 27 sought by Plaintiff. Summers v. Earth Island Institute, 129 S.Ct. 1142, 1149 (2009); Stormans, 28 Inc. v. Selecky, 586 F.3d 1109, 1119 (9th Cir. 2009); 18 U.S.C. ' 3626(a)(1)(A). ). If the Court 1 1 does not have an actual case or controversy before it, it has no power to hear the matter in 2 question. Id. Requests for prospective relief are further limited by 18 U.S.C. ' 3626 (a)(1)(A) of 3 the Prison Litigation Reform Act, which requires that the Court ensure the relief “is narrowly 4 drawn, extends no further than necessary to correct the violation of the Federal Right, and is the 5 least intrusive means necessary to correct the violation of the Federal Right.@ Relief for Plaintiff 6 cannot be narrowly drawn here as Plaintiff fails to state what relief he seeks. 7 Finally, Plaintiff does not seek the temporary restraining order and/or preliminary 8 injunction against the Defendants in this action. AA federal court may issue an injunction [only] if 9 it has personal jurisdiction over the parties and subject matter jurisdiction over the claim; it may 10 not attempt to determine the rights of persons not before the court.@ Zepeda v. United States 11 Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985) (emphasis added). Thus, Plaintiff=s 12 motion must be denied for lack of jurisdiction over the subject matter and persons who Plaintiff 13 asserts are antagonizing and even assaulting him. 14 Plaintiff is not precluded from attempting to state cognizable claims in a new action if he 15 believes his civil rights are being violated beyond his pleadings in this action. The issue is not 16 that Plaintiff=s allegations are not serious, or that Plaintiff is not entitled to relief if sought in the 17 proper forum. The seriousness of Plaintiff=s accusations concerning his anxiety and sexual assault 18 cannot and do not overcome what is a jurisdictional bar. Steel Co., 523 U.S. at 103-04 (A[The] 19 triad of injury in fact, causation, and redressability constitutes the core of Article III=s case-or- 20 controversy requirement, and the party invoking federal jurisdiction bears the burden of 21 establishing its existence.@) This action is simply not the proper vehicle for conveyance of the 22 relief Plaintiff seeks.1 However, given the seriousness of Plaintiff’s statements, a copy of this 23 order and Plaintiff’s motion will be served on the Executive Director of Coalinga State Hospital 24 to assist with addressing Plaintiff’s concerns.2 25 26 27 28 1 Plaintiff=s motion also fails to make the requisite showing, supported by admissible evidence, to obtain a preliminary injunction. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20-4, 129 S.Ct. 365, 376 (2008). However, it is unnecessary to reach the merits of Plaintiff=s motions in light of the fact that the jurisdictional issue is fatal to his requests for relief. Summers, 555 U.S. at 493, 129 S.Ct. at 1149; Mayfield, 599 F.3d at 969. 2 The manner of addressing Plaintiff’s concerns is left to the sound discretion of CSH officials in light of his housing status and other custody or classification factors. 2 1 Accordingly, the Court RECOMMENDS that Plaintiff=s motion for injunctive relief, filed 2 on September 30, 2016 (Doc. 4), be DENIED for lack of jurisdiction. However, the Clerk's 3 Office be directed to forward a copy of this order and Plaintiff's motion (Doc. 4) to the Executive 4 Director at Coaling State Hospital to alert hospital officials of Plaintiff's concerns. 5 These Findings and Recommendations will be submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 30 7 days after being served with these Findings and Recommendations, the parties may file written 8 objections with the Court. Local Rule 304(b). The document should be captioned “Objections to 9 Magistrate Judge’s Findings and Recommendations.” The parties are advised that failure to file 10 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 11 Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th 12 Cir. 1991)). 13 14 15 IT IS SO ORDERED. Dated: October 11, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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