Valadez v. California Department of Corrections and Rehabilitation

Filing 12

FINDINGS and RECOMMENDATIONS Recommending Denial of 3 Motion for Injunctive Relief; Fourteen (14) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 5/12/2017. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 6/1/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL VALADEZ,

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Plaintiff,

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v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,

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Case No. 1:17-cv-00551-LJO-BAM (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DENIAL OF MOTION
FOR INJUNCTIVE RELIEF
FOURTEEN (14) DAY DEADLINE

Defendant.

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Plaintiff Daniel Valadez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on April

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19, 2017. (ECF No. 1.) The complaint concerns the denial of overnight family visits.
On April 19, 2017, Plaintiff also filed a motion for injunctive relief, requesting that the

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Court issue an order to the California Department of Corrections and Rehabilitation to

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immediately allow Plaintiff family visits overnight. (ECF No. 3.)
“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter

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v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff seeking a

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preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to

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suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his

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favor, and that an injunction is in the public interest.” Id. at 20 (citations omitted). An injunction

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may only be awarded upon a clear showing that the plaintiff is entitled to relief. Id. at 22 (citation

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omitted).

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Here, Plaintiff’s motion does not establish that he is likely to succeed on the merits, that

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he will suffer irreparable harm in the absence of an injunction, that the balance of equities tips in

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his favor, or that an injunction is in the public interest. Rather, the motion merely states that

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“Title 15 Section 3177(1)(A)(B) violates the United States Constitution’s Deliberate Indifference,

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Cruel and Unusual Punishment, Unequal Treatment Among Prisoners, and the Equal Protection

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Clause.” (ECF No. 3, p. 1.)

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Additionally, “a court has no power to adjudicate a personal claim or obligation unless it

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has jurisdiction over the person of the defendant.” Zenith Radio Corp. v. Hazeltine Research,

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Inc., 395 U.S. 100, 110 (1969); SEC v. Ross, 504 F.3d 1130, 1138–39 (9th Cir. 2007). In this

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case, the Court has not screened Plaintiff’s complaint to determine whether it states a cognizable

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claim, no defendant has been ordered served, and no defendant has yet made an appearance. At

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this juncture, the Court lacks personal jurisdiction over the defendant and it cannot issue an order

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requiring it to take any action. Zenith Radio Corp., 395 U.S. at 110; Ross, 504 F.3d at 1138−39.

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Accordingly, it is HEREBY RECOMMENDED that Plaintiff’s motion for a temporary
restraining order and a preliminary injunction (ECF No. 3) be DENIED without prejudice.

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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)(l). 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 Recommendation.” 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)).
IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 12, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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