Wilson v. California State Prison Corcoran et al
Filing
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FINDINGS and RECOMMENDATIONS that Plaintiff''s Motion for Injunctive Relief be Denied signed by Magistrate Judge Jeremy D. Peterson on 07/25/2018. Referred to Judge Drozd; Objections to F&R due by 8/13/2018.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FINDINGS AND RECOMMENDATION
THAT PLAINTIFF’S MOTION FOR
INJUNCTIVE RELIEF BE DENIED
Plaintiff,
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Case No. 1:18-cv-00424-DAD-JDP
DAVID W. WILSON,
v.
(Doc. No. 39.)
CALIFORNIA STATE PRISON
CORCORAN, et al.,
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN DAYS
Defendants.
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David W. Wilson (“plaintiff”) is a state prisoner proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. § 1983. Plaintiff has filed a motion seeking temporary and
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permanent injunctive relief. (Doc. No. 11.) For the reasons described below, the court
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recommends denying plaintiff’s motion.
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I.
RELIEF REQUESTED
Plaintiff seeks an injunction to compel defendants to take a multitude of actions. (Doc.
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No. 11.) Although portions of the motion are difficult for the court to decipher, among the
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actions plaintiff seeks to compel are “cooling measures to prevent HEAT STROKE & DEATHS”
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(Id. at 1); “adequate [f]acilities for mental treatment” (Id.); the use of gloves during strip searches
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to prevent communicable diseases (Id. at 3); the leveling of prison “pathways” that are riddled
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with “pebbles” and various holes (Id.); and an overhaul of the cafeteria, where there is black mold
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and contaminated, cold food (Id.).
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II.
LEGAL STANDARDS
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A federal district court may issue injunctive relief only if the court has personal
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jurisdiction over the parties and subject matter jurisdiction over the lawsuit. See Murphy Bros.,
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Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (noting that one “becomes a party
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officially, and is required to take action in that capacity, only upon service of summons or other
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authority-asserting measure stating the time within which the party served must appear to
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defend”). The court may not attempt to determine the rights of persons not before it. See
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Hitchman Coal & Coke Co. v. Mitchell, 245 U.S. 229, 234-35 (1916); Zepeda v. INS, 753 F.2d
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719, 727-28 (9th Cir. 1983); see also Califano v. Yamasaki, 442 U.S. 682, 702 (1979) (injunctive
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relief must be “narrowly tailored to give only the relief to which plaintiffs are entitled”). Under
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Federal Rule of Civil Procedure 65(d)(2), an injunction binds only “the parties to the action,”
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their “officers, agents, servants, employees, and attorneys,” and “other persons who are in active
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concert or participation.” Fed. R. Civ. P. 65(d)(2)(A)-(C). Requests for prospective relief are
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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 that the “relief [sought] is narrowly drawn, extends no further than necessary to
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correct the violation of the Federal Right, and is the least intrusive means necessary to correct the
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violation of the Federal Right.”
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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.” Glossip v.
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Gross, 135 S. Ct. 2726, 2736-37 (2015) (quoting Winter v. Natural Res. Def. Council, Inc., 555
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U.S. 7, 20 (2008)). “[P]laintiffs must establish that irreparable harm is likely, not just possible, in
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order to obtain a preliminary injunction.” Alliance for the Wild Rockies v. Cottrell, 632 F.3d
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1127, 1131 (9th Cir. 2011). In addition to establishing irreparable harm, the injunctive relief
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sought must be related to the claims brought in the complaint. See Pac. Radiation Oncology, LLC
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v. Queen’s Med. Ctr., 810 F.3d 631, 633 (9th Cir. 2015) (“When a plaintiff seeks injunctive relief
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based on claims not pled in the complaint, the court does not have the authority to issue an
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injunction.”). A permanent injunction can be granted only following a final hearing on the
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merits. See MAI Sys. Corp. v. Peak Computer, Inc., 991 F.2d 511, 520 (9th Cir.1993) (“As a
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general rule, a permanent injunction will be granted when liability has been established . . . .”).
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III.
ANALYSIS
The court will recommend that plaintiff’s motion for injunctive relief be denied. His
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request for a permanent injunction is premature; there has not been a final hearing on the merits.
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Plaintiff’s request for a temporary injunction should also be denied because he has not established
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that he is likely to succeed on the merits. His allegations are conclusory and bereft of detail.
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Furthermore, plaintiff’s motion is unrelated to the allegations underlying his complaint. The
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complaint—which, like the motion, is difficult to decipher—alleges, inter alia, that plaintiff was
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transferred in retaliation for engaging in a protected act and was deprived of medical treatment
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and accommodations. (Doc. No. 1, at 20-24.) Plaintiff appears to be basing his injunction
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request on a claim of unconstitutional conditions of confinement that was not pled in the
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complaint.
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IV.
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RECOMMENDATION
Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for injunctive
relief be DENIED.
These findings and recommendations will be submitted to the U.S. district judge assigned
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to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) days of
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service of these findings and recommendations, plaintiff may file written objections with the
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court. If plaintiff files such objections, he should do so in a document 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 rights on appeal. See Wilkerson v.
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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.
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Dated:
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July 25, 2018
UNITED STATES MAGISTRATE JUDGE
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