Asberry v. Biter

Filing 62

FINDINGS and RECOMMENDATIONS recommending that to Deny 42 Motion for Temporary Restraining Order and Preliminary Injunction; Fourteen (14) Day Objection Deadline signed by Magistrate Judge Michael J. Seng on 9/12/2017. Referred to Judge Dale A. Drozd. Objections to F&R due by 9/29/2017. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONY ASBERRY, 12 13 14 15 16 Plaintiff, v. Case No. 1:16-cv-01741-DAD-MJS (PC) FINDINGS AND RECOMMENDATION TO DENY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION C. RELEVANTE, et al., (ECF NO. 42) Defendants. FOURTEEN (14) DAY OBJECTION DEADLINE 17 18 19 20 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 21 rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on the following 22 claims: an Eighth Amendment claim for deliberate indifference to a serious medical need 23 against defendants Lozovoy and Relevante, an Eighth Amendment conditions of 24 confinement claim against defendants Ferris and Godfrey, and a First Amendment 25 retaliation claim against defendants Ferris and Godfrey. 26 27 28 1 Before the Court is Plaintiff’s August 3, 2017 motion for a temporary restraining 2 order and preliminary injunction. (ECF No. 42.) Defendants filed oppositions. (ECF Nos. 3 52, 54.) Plaintiff filed no reply. The matter is submitted. Local Rule 230(l). 4 Plaintiff’s claims in this action concern his medical treatment and conditions of 5 confinement at Kern Valley State Prison. However, he now is housed at R.J. Donovan 6 Correctional Facility and is not in the custody of the named Defendants. The instant 7 motion seeks injunctive relief requiring specific action by Donovan officials in relation to 8 Plaintiff’s medical care, and prohibiting retaliation by the same officials. 9 The relief Plaintiff seeks is not available in this action. Federal courts are courts of 10 limited jurisdiction. The pendency of this action does not give the Court jurisdiction over 11 prison officials in general. Summers v. Earth Island Institute, 555 U.S. 488, 492-93 12 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). The Court’s 13 jurisdiction is limited to the parties in this action and to the cognizable legal claims upon 14 which the action proceeds. Summers, 555 U.S. at 491-93; Mayfield, 599 F.3d at 969. 15 While A[a] federal court may issue an injunction if it has personal jurisdiction over the 16 parties and subject matter jurisdiction over the claim; it may not attempt to determine the 17 rights of persons not before the court.@ Zepeda v. United States Immigration Serv., 753 18 F.2d 719, 727 (9th Cir. 1985) (emphasis added). To the extent Plaintiff claims officials at 19 Donovan have interfered with his medical care or retaliated against him, such claims are 20 not properly before this Court and should be brought in a separate action. 21 22 Based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff’s motion for temporary restraining order and preliminary injunction be DENIED. 23 The findings and recommendation are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 25 fourteen (14) days after being served with the findings and recommendation, any party 26 may file written objections with the Court and serve a copy on all parties. Such a 27 document should be captioned “Objections to Magistrate Judge’s Findings and 28 2 1 Recommendation.” Any reply to the objections shall be served and filed within fourteen 2 (14) days after service of the objections. The parties are advised that failure to file 3 objections within the specified time may result in the waiver of rights on appeal. 4 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 5 F.2d 1391, 1394 (9th Cir. 1991)). 6 7 8 IT IS SO ORDERED. Dated: September 12, 2017 /s/ 9 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?