Asberry v. Biter

Filing 77

ORDER adopting FINDINGS AND RECOMMENDATIONS and denying Motions for a Temporary Restraining Order, Preliminary Injunction and Court Orders 20 , 24 , 42 , 59 , 62 , 64 , 68 signed by District Judge Dale A. Drozd on 12/2/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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No. 16-cv-01741-DAD-MJS

Plaintiff,
v.
C. RELEVANTE, et al.,
Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
MOTIONS FOR A TEMPORARY
RESTRAINING ORDER, PRELIMINARY
INJUNCTION, AND COURT ORDERS
(Doc. Nos. 20, 24, 42, 59, 62, 64, 68)

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

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action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Plaintiff has filed numerous motions that may be characterized as requests for various

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forms or for injunctive relief. (Doc. Nos. 20, 24, 42, 59.) On September 12, 2017, the assigned

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magistrate judge issued findings and recommendations recommending that plaintiff’s motion for

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a temporary restraining order and preliminary injunction be denied. (Doc. No. 62.) Plaintiff was

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provided fourteen days to file objections to those findings and recommendations. (Id.) Although

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untimely, plaintiff did so on October 10, 2017. (Doc. No. 70.)

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Also, on September 12, 2017, the assigned magistrate judge issued findings and
recommendations recommending that plaintiff’s motion for a court order directing non-parties to
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allow plaintiff access to his medical file be denied. (Doc. No. 64.) Plaintiff was provided

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fourteen days to file objections to those findings and recommendations. (Id.) Plaintiff did so on

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September 26, 2017. (Doc. No. 69.)

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On September 20, 2017, the assigned magistrate judge issued findings and

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recommendations recommending that plaintiff’s motion for a court order directing non-parties to

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assist him with discovery and prison law library access be denied. (Doc. No. 68.) Plaintiff was

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provided fourteen days to file objections to those findings and recommendations. (Id.) To date,

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plaintiff has filed no objections to those findings and recommendations, and the time for doing so

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has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s

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objections, the court finds the findings and recommendations to be supported by the record and

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by proper analysis.

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The court finds plaintiff’s objections to lack merit. Regarding plaintiff’s objections to the

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September 12, 2017 findings and recommendations (Doc. No. 70), the court agrees with the

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assigned magistrate judge that plaintiff seeks injunctive relief against individuals who are not

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parties to the present lawsuit. This action is one brought against individuals employed at Kern

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Valley State Prison. However plaintiff in his motion seeks an injunction against individuals

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employed at R.J. Donovan Correctional Facility, where plaintiff is now housed. To the extent

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plaintiff seeks to enjoin these non-parties, he must do so by pursuing a separate action. Plaintiff’s

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objections to the September 12, 2017 findings and recommendations (Doc. No. 69) suffer the

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same deficiency.

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For these reasons:

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1.

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The findings and recommendations filed September 12, 2017 (Docs. 62, 64) and
September 20, 2017 (Doc. 68) are adopted in full;

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2.

Plaintiff’s motions for court orders (Docs. 20, 24) are denied;

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3.

Plaintiff’s motion for temporary restraining order and preliminary injunction (Doc.

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42) is denied; and
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4.

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Plaintiff’s “Motion to have meaningful access to court to conduct discovery” (Doc.
59) is denied.

IT IS SO ORDERED.
Dated:

December 2, 2017
UNITED STATES DISTRICT JUDGE

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