(PC) Hammler v. Clark et al
Filing
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FINDINGS and RECOMMENDATIONS Regarding Plaintiff's 64 Motion for Preliminary Injunction; Referred to Judge Anthony W. Ishii, signed by Magistrate Judge Stanley A. Boone on 12/27/2019. Objections to F&R due within FOURTEEN (14) DAYS. (Orozco, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALLEN HAMMLER,
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Plaintiff,
v.
CLARK, et.al.,
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Defendants.
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Case No.: 1:19-cv-00373-AWI-SAB (PC)
FINDINGS AND RECOMMENDATION
REGARDING PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
[ECF No. 64]
Plaintiff Allen Hammler 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 preliminary injunction, filed December
23, 2019.
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I.
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DISCUSSION
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The purpose of a temporary restraining order or a preliminary injunction is to preserve the
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status quo if the balance of equities so heavily favors the moving party that justice requires the court to
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intervene to secure the positions until the merits of the action are ultimately determined. University of
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Texas v. Camenisch, 451 U.S. 390, 395 (1981). “A plaintiff seeking a preliminary injunction [or
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temporary restraining order] must establish that he is likely to succeed on the merits, that he is likely
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to 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.” Winter v. Natural Resources Defense Council,
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Inc., 555 U.S. 7, 20 (2008).
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“[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be
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granted unless the movant, by a clear showing, carries the burden of persuasion.” Mazurek v.
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Armstrong, 520 U.S. 968, 972 (1997) (quotations and citations omitted) (emphasis in original). A party
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seeking a temporary restraining order or preliminary injunction simply cannot prevail when that motion
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is unsupported by evidence.
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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 Los Angeles v. Lyons, 461 U.S. 95, 102 (1983); Valley Forge
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Christian Coll. V. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982). If
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the Court does not have an actual case or controversy before it, it has no power to hear the matter in
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question. Id. 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 drawn,
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extends no further than necessary to correct the violation of the Federal right, and is the least intrusive
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means necessary to correct the violation of the Federal right.”
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A federal court may issue emergency injunctive relief only if it has personal jurisdiction over
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the parties and subject matter jurisdiction over the lawsuit. See Murphy Bros., Inc. v. Michetti Pipe
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Stringing, Inc., 526 U.S. 344, 350 (1999) (noting that one “becomes a party officially, and is required
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to take action in that capacity, only upon service of summons or other authority-asserting measure stating
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the time within which the party served must appear to defend.”). The Court may not attempt to
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determine the rights of persons not before it. See Hitchman Coal & Coke Co. v. Mitchell, 245 U.S. 229,
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234-35 (1916); Zepeda v. INS, 753 F.2d 719, 727-28 (9th Cir. 1983).
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Plaintiff seeks a preliminary injunction seeks a court order directing prison officials at California
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State Prison, Corcoran to stop, intermittently, serving his food that does not comport with his religious
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beliefs. This action is proceeding against Defendants Gamboa, Peterson, Garza, Saucedo, Uhlik and
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Clark for violation of the First Amendment, namely, failure to provide appropriate food to accommodate
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his religious beliefs. “The fact that Plaintiff has met the pleading requirements allowing him to proceed
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with the complaint does not, ipso facto, entitle him to a preliminary injunction.” Claiborne v. Blauser,
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No. 2:10-cv-2427 LKK, 2011 WL 3875892, at *8 (E.D. Cal. Aug. 31, 2011), report and recommendation
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adopted, 2011 WL 4765000 (E.D. Cal. Sept. 29, 2011). Plaintiff has failed to “clearly show” that he
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currently faces “immediate and irreparable loss or injury” based on the claim that he is occasionally
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served food that does not comport with his religious beliefs. In addition, at the pleading stage, the Court
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cannot determine that whether Plaintiff’s claim has merit, versus a determination that his claim has been
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plausibly stated. Barrett v. Belleque, 544 F.3d 1060, 1062 (9th Cir. 2008). Indeed, Defendants have
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not yet filed an answer or submitted evidence. Accordingly, Plaintiff’s motions for a preliminary
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injunction should be denied.
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II.
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RECOMMENDATION
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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 fourteen (14) days
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after being served with this Findings and Recommendation, Plaintiff may file written objections with
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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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December 27, 2019
UNITED STATES MAGISTRATE JUDGE
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