(PC) Bland v. Allen et al
Filing
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FINDINGS and RECOMMENDATIONS, Recommending that 30 Plaintiff's Motion for Injunctive Relief be Denied, re 16 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Erica P. Grosjean on 10/13/2020. Referred to Unassigned DJ; Objections to F&R due within 14 days. (Rivera, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSHUA D. BLAND,
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Plaintiff,
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v.
REUBEN A. SALAZAR II,
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Defendant.
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Case No. 1:19-cv-01499-NONE-EPG (PC)
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
MOTION FOR INJUNCTIVE RELIEF BE
DENIED
(ECF No. 30)
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN DAYS
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Joshua Bland (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s
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claim against defendant Reuben A. Salazar II for violation of Plaintiff’s Fourteenth Amendment
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right to due process. (ECF No. 32).
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On September 25, 2020, Plaintiff filed a motion for injunctive relief. (ECF No. 30).
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For the reasons that follow, the Court will recommend that Plaintiff’s motion be denied.
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I.
PLAINTIFF’S MOTION
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Plaintiff alleges that he has been put up for transfer to Kern Valley State Prison
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(“KVSP”), which is where the incidents at issue in this case occurred. Plaintiff also filed other
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lawsuits based on incidents that occurred at KVSP. Plaintiff asks the Court to prevent his transfer
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to KVSP because he believes that the transfer will ultimately lead to Plaintiff being attacked and
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battered again, if not killed.
II.
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LEGAL STANDARDS
A federal district court may issue emergency injunctive relief only if it 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, e.g.,
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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). “When a plaintiff seeks injunctive
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relief based on claims not pled in the complaint, the court does not have the authority to issue an
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injunction.” Pac. Radiation Oncology, LLC v. Queen’s Med. Ctr., 810 F.3d 631, 633 (9th Cir.
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2015).
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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 that the “relief [sought] is
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narrowly drawn, extends no further than necessary to correct the violation of the Federal Right,
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and is the least intrusive means necessary to correct the violation of the Federal Right.”
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On the merits, “[a] plaintiff seeking a preliminary injunction must establish that he is
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likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of
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preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the
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public interest.” Glossip v. Gross, 135 S. Ct. 2726, 2736-37 (2015) (quoting Winter v. Natural
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Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)). “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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III.
ANALYSIS
This action is proceeding on Plaintiff’s claim against defendant Reuben A. Salazar II for
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violation of Plaintiff’s Fourteenth Amendment right to due process based on Plaintiff’s allegation
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that he was intentionally deprived of his hearing aids pursuant to an established state procedure
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regarding what happens to property that is supposed to be shipped if an inmate has insufficient
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funds to ship the property. Plaintiff’s request for injunctive relief, which is based on a fear of
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being attacked by unnamed individuals, appears to have no relationship to this claim.1
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As Plaintiff is seeking injunctive relief based on claim(s) not pled in the complaint, the
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Court will recommend that Plaintiff’s motion be denied. Pac. Radiation Oncology, 810 F.3d at
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633 (“When a plaintiff seeks injunctive relief based on claims not pled in the complaint, the court
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does not have the authority to issue an injunction.”).
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IV.
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RECOMMENDATION
Accordingly, based on the foregoing, IT IS HEREBY RECOMMENDED that
Plaintiff’s motion for injunctive relief be DENIED.
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)(1). Within fourteen
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(14) days after being served with these findings and recommendations, Plaintiff may file written
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objections with the court. Such a document should be captioned “Objections to Magistrate
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Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections within
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the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d
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834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
IT IS SO ORDERED.
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Dated:
October 13, 2020
/s/
UNITED STATES MAGISTRATE JUDGE
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The Court notes that Plaintiff filed a similar request for injunctive relief in Bland v. Rodriguez, E.D. Cal.,
1:20-cv-00478 (ECF No. 20). That motion is pending, and the allegations in the motion may be related to the factual
allegations in Bland v. Rodriguez.
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