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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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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

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on the following

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claims: an Eighth Amendment claim for deliberate indifference to a serious medical need

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against defendants Lozovoy and Relevante, an Eighth Amendment conditions of

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confinement claim against defendants Ferris and Godfrey, and a First Amendment

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retaliation claim against defendants Ferris and Godfrey.

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Before the Court is Plaintiff’s August 3, 2017 motion for a temporary restraining

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order and preliminary injunction. (ECF No. 42.) Defendants filed oppositions. (ECF Nos.

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52, 54.) Plaintiff filed no reply. The matter is submitted. Local Rule 230(l).

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Plaintiff’s claims in this action concern his medical treatment and conditions of

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confinement at Kern Valley State Prison. However, he now is housed at R.J. Donovan

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Correctional Facility and is not in the custody of the named Defendants. The instant

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motion seeks injunctive relief requiring specific action by Donovan officials in relation to

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Plaintiff’s medical care, and prohibiting retaliation by the same officials.

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The relief Plaintiff seeks is not available in this action. Federal courts are courts of

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limited jurisdiction. The pendency of this action does not give the Court jurisdiction over

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prison officials in general. Summers v. Earth Island Institute, 555 U.S. 488, 492-93

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(2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). The Court’s

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jurisdiction is limited to the parties in this action and to the cognizable legal claims upon

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which the action proceeds. Summers, 555 U.S. at 491-93; Mayfield, 599 F.3d at 969.

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While A[a] federal court may issue an injunction if it has personal jurisdiction over the

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parties and subject matter jurisdiction over the claim; it may not attempt to determine the

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rights of persons not before the court.@ Zepeda v. United States Immigration Serv., 753

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F.2d 719, 727 (9th Cir. 1985) (emphasis added). To the extent Plaintiff claims officials at

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Donovan have interfered with his medical care or retaliated against him, such claims are

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not properly before this Court and should be brought in a separate action.

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Based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff’s motion for
temporary restraining order and preliminary injunction be DENIED.

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The findings and recommendation are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within

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fourteen (14) days after being served with the findings and recommendation, any party

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may file written objections with the Court and serve a copy on all parties. Such a

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document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendation.” Any reply to the objections shall be served and filed within fourteen

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(14) days after service of the objections. The parties are advised that failure to file

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objections within the specified time may result in the waiver of rights on appeal.

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Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923

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F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

September 12, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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