Gradford v. Stanislaus Public Safety Center et al

Filing 11

FINDINGS and RECOMMENDATIONS Recommending that Plaintiff's 6 Motion for Preliminary Injunctive Relief be Denied; Objections, if any, Due in 14 Days signed by Magistrate Judge Gary S. Austin on 3/30/2018. Referred to Judge Dale A. Drozd. Objections to F&R due by 4/16/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM GRADFORD,

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Plaintiff,

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v.
STANISLAUS PUBLIC SAFETY
CENTER, et al.,

1:17-cv-01248-DAD-GSA PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTIVE RELIEF BE DENIED
(ECF No. 6.)
OBJECTIONS, IF ANY, DUE IN 14 DAYS

Defendants.

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I.

BACKGROUND

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William Gradford (“Plaintiff”) is a prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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September 18, 2017. (ECF No. 1.)
On October 16, 2017, Plaintiff filed a notice to the court which the court construes as a

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motion for preliminary injunctive relief. (ECF No. 6.)

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II.

PRELIMINARY INJUNCTIVE RELIEF

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AA plaintiff seeking a preliminary injunction must establish that he is likely to succeed

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on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief,
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that the balance of equities tips in his favor, and that an injunction is in the public interest.@ Id.

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at 374 (citations omitted). An injunction may only be awarded upon a clear showing that the

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plaintiff is entitled to relief. Id. at 376 (citation omitted) (emphasis added).

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Federal courts are courts of limited jurisdiction and in considering a request for

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preliminary injunctive relief, the Court is bound by the requirement that as a preliminary

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matter, it have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S.

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95, 102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for

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Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the

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Court does not have an actual case or controversy before it, it has no power to hear the matter

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in question. Id.

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To the extent that Plaintiff seeks a court order enjoining officers at the Deuel Vocational

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Center from acting against him, the court lacks jurisdiction to issue such an order as the order

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would not remedy any of the claims upon which this case proceeds. This case was filed against

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defendants Kirt and Florres based on events occurring before October 2017 at the Stanislaus

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County Safety Center (SCSC) in Stockton, California. Plaintiff now requests a court order

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protecting him from present and future actions by officers at the Deuel Vocational Institution in

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Tracy, California. Because such an order would not remedy any of the claims in this case,

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which is based upon events occurring before October 2017 at SCSC, the court lacks jurisdiction

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to issue the order sought by Plaintiff, and Plaintiff=s motion must be denied.

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III.

CONCLUSION AND RECOMMENDATIONS

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Based on the foregoing, IT IS HEREBY RECOMMENDED that Plaintiff’s motion

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for preliminary injunctive relief, filed on October 16, 2017, be DENIED for lack of jurisdiction.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen

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(14) days after the date of service of these findings and recommendations, Plaintiff may file

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written objections with the court.

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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 rights on appeal. Wilkerson v.

Such a document should be captioned "Objections to

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Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394

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(9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

March 30, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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