Dickson v. Gomez et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending that Plaintiff's 10 11 12 Motions for Preliminary Injunction Relief be Denied signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2017. Referred to Judge Dale A. Drozd. Objections to F&R due by 10/27/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER DICKSON,
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Plaintiff,
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vs.
G. GOMEZ, et al.,
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Defendants.
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1:17-cv-00294-DAD-BAM (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING PLAINTIFF’S MOTIONS
SEEKING INJUNCTIVE RELIEF
(ECF Nos. 10, 11, 12)
FOURTEEN (14) DAY DEADLINE
Plaintiff Christopher Dickson is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.
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Currently before the Court are Plaintiff’s motions requesting preliminary injunctive
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relief, filed on July 26, 2017, August 7, 2017, and August 30, 2017. (ECF Nos. 10, 11, 12).
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I.
Motions for Preliminary Injunction
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A.
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“The proper legal standard for preliminary injunctive relief requires a party to
Legal Standard
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demonstrate ‘that he is likely to succeed on the merits, that he is likely to suffer irreparable harm
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in 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.’” Stormans, Inc. v. Selecky, 586 F.3d 1109, 1127 (9th Cir.
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2009) (quoting Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)); see also Ctr.
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for Food Safety v. Vilsack, 636 F.3d 1166, 1172 (9th Cir. 2011) (“After Winter, ‘plaintiffs must
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establish that irreparable harm is likely, not just possible, in order to obtain a preliminary
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injunction.”); Am. Trucking Ass’n, Inc. v. City of Los Angeles, 559 F.3d 1046, 1052 (9th Cir.
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2009). The Ninth Circuit has also held that “[a] preliminary injunction is appropriate when a
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plaintiff demonstrates . . . that serious questions going to the merits were raised and the balance
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of hardships tips sharply in the plaintiff’s favor.” Alliance for Wild Rockies v. Cottrell, 632 F.3d
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1127, 1134–35 (9th Cir. 2011) (quoting Lands Council v. McNair, 537 F.3d 981, 97 (9th Cir.
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2008) (en banc). The party seeking the injunction bears the burden of proving these elements.
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Klein v. City of San Clemente, 584 F.3d 1196, 1201 (9th Cir. 2009). Finally, an injunction is “an
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extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled
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to such relief.” Winter, 555 U.S. at 22.
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In addition, the Prison Litigation Reform Act (“PLRA”) “establishes standards for the
entry and termination of prospective relief in civil actions challenging conditions at prison
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facilities.” Miller v. French, 530 U.S. 327, 333 (2000). Under the PLRA, a court “shall not grant
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or approve any prospective relief unless the court finds that such relief is narrowly drawn,
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extends no further than necessary to correct the violation of the Federal right, and is the least
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intrusive means necessary to correct the violation of the Federal right.” 18 U.S.C. §
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3626(a)(1)(A). The court must “give substantial weight to any adverse impact on public safety or
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the operation of a criminal justice system caused by the preliminary relief.” 18 U.S.C. §
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3626(a)(2).
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B.
Analysis
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Plaintiff in this case is currently housed at the California Correctional Institution (“CCI”)
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in Tehachapi, California. Each of the named Defendants in this action are correctional officers
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who are employed at the Kern Valley State Prison (“KVSP), in Delano, California, where the
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alleged events at issue in this case took place. (ECF No. 1.)
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In his motion, Plaintiff alleges that he is experiencing harassment and retaliation at CCI,
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including that he is not receiving proper medical care, he is being taunted, and that his food and
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medication are sometimes placed out of his reach in an effort to harass him.
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“[A] court has no power to adjudicate a personal claim or obligation unless it has
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jurisdiction over the person of the defendant.” Zenith Radio Corp. v. Hazeltine Research, Inc.,
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395 U.S. 100, 110, 89 S.Ct. 1562 (1969); S.E.C. v. Ross, 504 F.3d 1130, 1138-39 (9th Cir.
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2007). Plaintiff’s complaint has not yet been screened. No defendant has been ordered served
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and no defendant has yet made an appearance. At this juncture, the Court lacks personal
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jurisdiction over any prison official, and it cannot issue an order requiring them to take any
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action.
More importantly, Plaintiff seeks preliminary injunctive relief against staff at CCI, but his
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complaint concerns past events at KVSP, where he was formerly housed. His claims in this
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action are not related to the request for injunctive relief. The Court would not have jurisdiction
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over CDCR or CCI prison officials generally merely based on the pendency of this action.
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II.
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Conclusion and Recommendations
For the reasons stated, IT IS HEREBY RECOMMENDED that Plaintiff’s motions for
preliminary injunction relief (ECF Nos. 10, 11, 12) be DENIED.
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within
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fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may
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file written objections with the Court. The document should be captioned “Objections to
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Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file
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objections within the specified time may result in the waiver of the “right to challenge the
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magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.
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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
/s/ Barbara
October 10, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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