Pina v. Kernan et al

Filing 19

ORDER DIRECTING Clerk of Court to Randomly Assign a District Judge to This Action; FINDINGS and RECOMMENDATIONS recommending that 14 Plaintiff's Motion for a Court Order Directing Prison Officials to Provide Him Access to His Legal Materials be DENIED re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Stanley A. Boone on 7/3/2018. Referred to Judge Drozd. Objections to F&R due within twenty-one (21) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO P. PINA,

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Plaintiff,
v.
SCOTT KERNAN, et al.,
Defendants.

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Case No.: 1:17-cv-01681-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE TO
THIS ACTION
FINDINGS AND RECOMMENDATION
REGARDING PLAINTIFF’S MOTION FOR
COURT ORDER THAT HIS LEGAL MATERIALS
BE PRODUCED
[ECF Nos. 14, 16]

Plaintiff Pablo P. Pina is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for a court order to provide him access to his

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legal materials, filed July 2, 2018. The Court construes Plaintiff’s motion as a request for a

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preliminary injunction.

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I.

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DISCUSSION

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“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v.

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Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff

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

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likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in
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his 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) (emphasis added).

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

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injunctive relief, the Court is bound by the requirement that as a preliminary matter, it have before it an

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actual case or controversy. City of L.A. v. Lyons, 461 U.S. 95, 102 (1983); Valley Forge Christian Coll.

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v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982). If the Court does

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not have an actual case or controversy before it, it has no power to hear the matter in question. Id.

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“[The] triad of injury in fact, causation, and redressability constitutes the core of Article III’s case-or-

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controversy requirement, and the party invoking federal jurisdiction bears the burden of establishing its

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existence.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 103-04. Requests for prospective relief

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are further limited by 18 U.S.C. § 3626(a)(1)(A) of the Prison Litigation Reform Act, which requires

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that the Court find the “relief [sought] is narrowly drawn, extends no further than necessary to correct

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the violation of the Federal right, and is the least intrusive means necessary to correct the violation of

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the Federal right.”

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In his motion, Plaintiff contends that when he was transferred from Corcoran State Prison to

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Kern Valley State Prison on May 30, 2018, he has not been provided his legal property. On June 4,

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2018, the Court screened Plaintiff’s complaint and found that he stated a cognizable claim for retaliation

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against Defendants Urban, Davey, Leshniak, Hoggard, and Garcia and a cognizable claim for conspiracy

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to retaliate against Defendants Urban and Peterson. (ECF No. 12.) The Court allowed Plaintiff the

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opportunity to file an amended complaint or notify the Court in writing of his intent to proceed solely

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on the claims found to be cognizable. (Id.) On July 2, 2018, Plaintiff filed a motion for an extension of

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time to file an amended complaint. (ECF No. 15.) By separate order, the Court granted Plaintiff an

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additional thirty days to file an amended complaint.

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As an initial matter, “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, Inc.,

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395 U.S. 100, 110 (1969) (emphasis added); S.E.C. v. Ross, 504 F.3d 1130, 1138-39 (9th Cir. 2007).

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In this case, no defendant has yet made an appearance; and the United States Marshal has not yet been
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ordered to effectuate service. At this juncture the Court lacks personal jurisdiction over the defendants

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and it cannot issue an order requiring them to take any action. Zenith Radio Corp., 395 U.S. at 110;

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Ross, 504 F.3d at 1138-39.
In addition, the Court’s jurisdiction is limited to the parties before it in this action and to

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Plaintiff’s claim found to be cognizable in this action. See, e.g., Steel Co. v. Citizens for a Better

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Env’t, 523 U.S. 83, 103-04 (1998) (“[The] triad of injury in fact, causation, and redressability

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constitutes the core of Article III’s case-or-controversy requirement, and the party invoking federal

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jurisdiction bears the burden of establishing its existence.”) (citation omitted); American Civil

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Liberties Union of Nevada v. Masto, 670 F.3d 1046, 1061-62 (9th Cir. 2012) (“[F]ederal courts may

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adjudicate only actual, ongoing cases or controversies.”) (citation and internal quotation marks

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omitted). Plaintiff seeks relief against individuals at Kern Valley State Prison who are not named as

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Defendants in the complaint which is against Defendants at Corcoran State Prison. The Court is

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unable to issue an order against individuals who are not parties to a suit pending before it. Zenith

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Radio Corp. v. Hazeltine Research, Inc., 395 U.S. at 112. Accordingly, Plaintiff’s motion for a court

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order must be denied, without prejudice.

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II.

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RECOMMENDATION

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Based on the foregoing, it is HEREBY RECOMMENDED that:

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1.

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Plaintiff’s motion for a court order directing prison officials to provide him access to

his legal materials be denied; and

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2.

The Clerk of Court is directed to randomly assign a District Judge to this action.

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This Findings and Recommendation will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21)

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days after being served with this Findings and Recommendation, Plaintiff may file written objections

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with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendation.” Plaintiff is advised that failure to file objections within the specified time may

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result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)

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(citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.

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Dated:

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July 3, 2018
UNITED STATES MAGISTRATE JUDGE

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