Torres v. Patel et al

Filing 41

FINDINGS and RECOMMENDATIONS Regarding Plaintiff's 34 Motion for Temporary Restraining Order and Preliminary Injunction signed by Magistrate Judge Stanley A. Boone on 11/25/2019. Referred to Judge Lawrence J. O'Neill. Objections to F&R due within Twenty-One (21) Days. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIGUEL TORRES,

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Plaintiff,

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v.

Case No. 1:18-cv-00188-LJO-SAB (PC)
FINDINGS AND RECOMMENDATION
REGARDING PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION

ISMAIL PATEL, et al.,
(ECF No. 34)

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Defendants.
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Miguel Torres is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s first

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amended complaint against Defendants Patel, Ulit, Spaeth, Manasrah, and Serda for deliberate

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indifference in violation of the Eighth Amendment. (ECF No. 18.)

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Currently before the Court is Plaintiff’s motion for a temporary restraining order and a

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preliminary injunction, filed on May 28, 2019. (ECF No. 34.) On June 27, 2019, Defendants

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Patel, Ulit, Manasrah, Spaeth, and Serda filed an opposition to Plaintiff’s motion for a temporary

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restraining order and a preliminary injunction. (ECF No. 40.) Plaintiff did not file a reply, and

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the time in which to do so has passed. Therefore, Plaintiff’s motion for injunctive relief has been

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submitted for decision. Local Rule 230(l).

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I.

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LEGAL STANDARD

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Procedurally, a federal district court may issue emergency injunctive relief only if it has

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personal jurisdiction over the parties and subject matter jurisdiction over the lawsuit. See Murphy

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Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (noting that one “becomes a

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party officially, and is required to take action in that capacity, only upon service of summons or

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other authority-asserting measure stating the time within which the party serve must appear to

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defend.). Furthermore, the pendency of this action does not give the Court jurisdiction over

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prison officials in general. Summers v. Earth Island Inst., 555 U.S. 488, 491–93 (2009); Mayfield

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v. United States, 599 F.3d 964, 969 (9th Cir. 2010). The Court’s jurisdiction is limited to the

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parties in this action and to the viable legal claims upon which this action is proceeding.

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Summers, 555 U.S. at 491−93; Mayfield, 599 F.3d at 969.

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A temporary restraining order is an extraordinary measure of relief that a federal court

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may impose without notice to the adverse party if, in an affidavit or verified complaint, the

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moving party “clearly show[s] that immediate and irreparable injury, loss, or damage will result

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to the movant before the adverse party can be heard in opposition.” Fed. R. Civ. P. 65(b)(1)(A).

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The standard for issuing a temporary restraining order is essentially the same as that for issuing a

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preliminary injunction. Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7

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(9th Cir. 2001) (analysis for temporary restraining orders and preliminary injunctions is

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“substantially identical”).

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“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 preliminary

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injunction can take two forms. A prohibitory injunction prohibits a party from taking action and

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preserves the status quo pending a determination of the action on the merits.” Marlyn

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Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 878 (9th Cir. 2009) (internal

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alterations and quotation marks omitted). “A mandatory injunction orders a responsible party to

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take action.” Id. at 879 (internal quotation marks omitted). Since a “mandatory injunction goes

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well beyond simply maintaining the status quo[,]” mandatory injunctions are “particularly
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disfavored.” Id. (internal quotation marks omitted.) “In general, mandatory injunctions are not

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granted unless extreme or very serious damage will result and are not issued in doubtful cases or

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where the injury complained of is capable of compensation in damages.” Id. (internal quotation

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marks omitted).

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“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on

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the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the

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balance of equities tips in his favor, and that an injunction is in the public interest.” Id. at 20

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

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entitled to relief. Id. at 22 (citation omitted). “Under Winter, plaintiffs must establish that

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irreparable harm is likely, not just possible, in order to obtain a preliminary injunction.” Alliance

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for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011).

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Requests for prospective relief are further limited by 18 U.S.C. § 3626(a)(1)(A) of the

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Prison Litigation Reform Act, which requires that the Court find the “relief [sought] is narrowly

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drawn, extends no further than necessary to correct the violation of the Federal right, and is the

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least intrusive means necessary to correct the violation of the Federal right.” Section 3626(a)(2)

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also places significant limits upon a court’s power to grant preliminary injunctive relief to

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inmates. “Section 3626(a) therefore operates simultaneously to restrict the equity jurisdiction of

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federal courts and to protect the bargaining power of prison administrators – no longer may courts

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grant or approve relief that binds prison administrators to do more than the constitutional

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minimum.” Gilmore v. People of the State of California, 220 F.3d 987, 999 (9th Cir. 2000).

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II.

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DISCUSSION
Summary of Plaintiff’s Motion

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A.

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Plaintiff asserts that he is a state prisoner whose ADA (Americans with Disabilities Act)

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status and appliances and medical appliances were all taken away and that he is presently being

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denied access to medical treatment and appropriate medical care. (ECF No. 34.)

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On August 12, 2016, Plaintiff suffered second-degree burns to his feet, legs, and buttocks.
(Id. at 2.) After receiving medical treatment at San Joaquin Community Hospital, Plaintiff had
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ongoing complications with walking at Kern Valley State Prison (“KVSP”). (Id.) In December

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2018, Plaintiff had a medical consultation with Dr. Asela Jumao-as, a neurologist. Dr. Jumao-as

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recommended that Plaintiff be provided with an increase in his Lyrica medication, to combine

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Lyrica with another medication, oxcarbazepine, a consultation with a pain specialist, and that

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alternative pain control modalities, such as a TENS unit and/or nerve blocks, should be

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considered. (Id.) Plaintiff received the medications immediately, which allowed Plaintiff to take

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multiple steps unaided by his ADA appliances. However, over time, Plaintiff lost the ability to

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take multiple steps. (Id.)

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In February 2019, Plaintiff had a consultation with a PMLR, who identified himself as

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also being a pain specialist. However, Plaintiff discovered that the individual was not a pain

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specialist. (Id. at 2-3.) After filing a 602 appeal requesting a TENS unit, nerve blocks, a

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consultation with a pain specialist, and referral to another neurologist, Plaintiff received a TENS

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unit. (Id. at 3.)

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On May 12, 2019, Plaintiff was called out his cell for a medical consultation with Doctor

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John Doe 1. Plaintiff went to the appointment on crutches. (Id. at 3.) During the appointment,

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Doctor John Doe 1 decided to take Plaintiff’s crutches and orthopedic boots away. (Id. at 3-4.)

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When Plaintiff protested and stated that he had just received a TENS unit because he could not

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walk, Doctor John Doe 1 stated that he was taking away Plaintiff’s TENS unit as well. (Id. at 4.)

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Plaintiff was told to leave the clinic, but Plaintiff protested that he could not walk. After the

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doctor told the correctional officers to take away Plaintiff’s crutches and that Plaintiff could walk,

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Plaintiff was dragged out of the clinic by his arms. (Id. at 4-5.) Even though Plaintiff had ADA

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status and a medical order from his primary care physician for his crutches, his crutches and the

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rest of his medical and ADA appliances were taken away. (Id. at 5.)

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On May 17, 2019, Plaintiff had another appointment with Doctor John Doe 1. (Id.) At

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the second appointment, the doctor cancelled Plaintiff’s nerve pain medications and told the nurse

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to refer Plaintiff to mental health services because Plaintiff was saying that he could not walk.

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(Id. at 5-6.)

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Plaintiff states that, due to Doctor John Doe 1’s actions in taking away Plaintiff’s
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ADA/medical appliances and cancelling Plaintiff’s nerve pain medication, Plaintiff is in pain and

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is unable to walk. Plaintiff states that he is suffering irreparable harm in the form of continued

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physical and mental pain and suffering and an increasing risk his feet will be further damaged.

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(Id. at 6.)

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Plaintiff asks the Court to issue the following preliminary injunctive relief: (1) to order

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Kern Valley State Prison (“KVSP”) Warden Pfeiffer to investigate the events that transpired as

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stated in Plaintiff’s motion and ensure that KVSP medical staff provide Plaintiff with necessary

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medical care; (2) to order KVSP Associate Warden/ADA Coordinator Cortez to reinstate

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Plaintiff’s ADA status, to return all of Plaintiff’s ADA appliances (crutches, orthopedic boots,

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orthopedic insole, medical hand gloves, and any other appliances medical personnel deem

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necessary), and to provide oversight so that due process is utilized before any other medical staff

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is able take Plaintiff’s ADA status and appliances away; (3) to order KVSP’s Chief Medical

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Officer to return Plaintiff’s TENS unit and medications and to abide by Dr. Jumao-as’

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recommendations for Plaintiff’s medical care (a consultation with a certified pain specialist for

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nerve blocks and a follow-up consultation with another neurologist); (4) to order KVSP’s health

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care appeals staff to not take any further retaliatory actions towards Plaintiff and his medical care

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and not to send another doctor to take away all of Plaintiff’s ADA/medical appliances just

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because Plaintiff exercised his right to file grievances and a lawsuit; (5) to order Defendant Patel,

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Plaintiff’s primary care physician, to stop delaying Plaintiff’s medical care, to return Plaintiff’s

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ADA status, medical appliances, and medications, to comply with Dr. Jumao-as’

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recommendations for Plaintiff’s medical care, and to expedite any and all future medical

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appointments and recommendations by any and all specialists that Plaintiff may see in the future

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without any further delay; and (6) to order Doctor John Doe 1 to not take any retaliatory actions

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towards Plaintiff, to not incite the correctional officers to assault Plaintiff again, to not lie to

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medical and custody staff about Plaintiff’s medical condition again, and to not take any further

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action in relation to Plaintiff’s medical care. (Id. at 7-8.)

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B.

Analysis

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First, the Court notes that, while Plaintiff’s motion seeks a preliminary injunctive relief
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against KVSP Warden Pfeiffer, the KVSP Associate Warden/ADA Coordinator, the KVSP Chief

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Medical Officer, KVSP’s health care appeals staff, Doctor Patel, and Doctor John Doe 1, only

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Doctor Patel is a named Defendant in this action. As noted above, the pendency of this action

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does not give the Court jurisdiction over prison officials in general. Summers, 555 U.S. at

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491−93; Mayfield, 599 F.3d at 969. Since the Court’s jurisdiction is limited to the parties named

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in this action, the Court has no jurisdiction to issue preliminary injunctive relief against KVSP

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Warden Pfeiffer, the KVSP Associate Warden/ADA Coordinator, the KVSP Chief Medical

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Officer, KVSP’s health care appeals staff, and Doctor John Doe 1. See Zepeda v. United States

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Immigration & Naturalization Service, 753 F.2d 719, 727 (9th Cir. 1985) (“A federal court may

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issue an injunction if it has personal jurisdiction over the parties and subject matter jurisdiction

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over the claim; it may not attempt to determine the rights of persons not before the court.”).

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Second, it appears that Plaintiff is seeking to expand his causes of action by using the

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request for preliminary injunctive relief as a means to litigate additional claims unrelated to those

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set forth in Plaintiff’s first amended complaint and found cognizable by the Court. This action is

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proceeding on Plaintiff’s first amended complaint against Defendants Patel, Ulit, Spaeth,

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Manasrah, and Serda for deliberate indifference in violation of the Eighth Amendment, based on

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Plaintiff’s burned feet and legs and high blood pressure in 2016 and 2017. (ECF Nos. 14, 18.)

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On the other hand, the allegations on which Plaintiff bases his motion for preliminary injunctive

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relief concern events that occurred at KVSP in May 2019, more than a year after this action was

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filed in February 2018 and approximately 11 months after Plaintiff’s first amended complaint was

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filed in June 2018. (ECF Nos. 1, 14.) However, the purpose of a preliminary injunction is to

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preserve the relative positions of the parties until a trial on the merits can be held. See University

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of Texas v. Camenisch, 451 U.S. 390, 395 (1981). Here, since “the scope of litigation is framed

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by the complaint at the time it is filed[,]” the events that occurred in May 2019 are not currently

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within the scope of this action. Los Angeles Branch NAACP v. Los Angeles Unified School

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Dist., 750 F.2d 731, 739 (9th Cir. 1984). As the Court’s jurisdiction to grant preliminary

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injunctive relief in this case is limited to the viable legal claims upon which this action is

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proceeding, this Court has no jurisdiction to issue an injunction based on Plaintiff’s allegations
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regarding the events that occurred at KVSP in May 2019. Summers, 555 U.S. at 491−93;

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Mayfield, 599 F.3d at 969.
Therefore, Plaintiff’s motion for a temporary restraining order and a preliminary

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injunction, (ECF No. 34), should be denied.

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III.

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CONCLUSION AND RECOMMENDATION

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Accordingly, for the reasons explained above, it is HEREBY RECOMMENDED that

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Plaintiff’s motion for a temporary restraining order and a preliminary injunction, (ECF No. 34),

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be DENIED.

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These 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 Title 28 U.S.C. § 636(b)(l). Within twenty-one

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(21) days after being served with these Findings and Recommendation, the parties may file

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written objections with the Court. The document should be captioned “Objections to Magistrate

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Judge’s Findings and Recommendation.” The parties are advised that failure to file objections

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within the specified time may result in the waiver of the “right to challenge the magistrate’s

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factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing

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

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IT IS SO ORDERED.
Dated:

November 25, 2019
UNITED STATES MAGISTRATE JUDGE

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