(PC) Saddozai v. Ceballos et al

Filing 11

FINDINGS and RECOMMENDATIONS to Deny Plaintiff's 8 Motion for Preliminary Injunction signed by Magistrate Judge Jennifer L. Thurston on 05/18/2020. Referred to Judge Unassigned; Objections to F&R due within Fourteen-Days. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHIKEB SADDOZAI,

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Plaintiff,

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v.
J. CEBALLOS, et al.,

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Defendants.

Case No. 1:20-cv-00358-NONE-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DENY PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
(Docs. 8-9)
14-DAY DEADLINE

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I.

INTRODUCTION
Shikeb Saddozai alleges in his complaint that the defendants interfered with his ability to

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pursue administrative remedies. (See Doc. 1.) On May 10, 2020, the Court issued a screening

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order finding that Plaintiff fails to state a claim cognizable claim for relief and granting him leave

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to amend. (Doc. 10.)

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On April 9, 2020, Plaintiff filed a motion requesting that the Court “order plaintiff receive

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access to the prison law library.” (Doc. 8.) Plaintiff filed a nearly identical document on April 23,

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2020. (Doc. 9.) The Court construes Plaintiff’s filings as a motion for a preliminary injunction.

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For the reasons set forth below, the Court recommends that Plaintiff’s motion be denied.

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II.

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

v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff seeking a

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

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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.” Id. at 20.

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Plaintiff does not show that he is likely to succeed on the merits of his claims or that he

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will suffer irreparable harm if the Court denies his requested relief. With respect to the merits,

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Plaintiff alleges that “prison officials … have blocked and interfered with [his] access to the

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court, intentionally and repeatedly denied access to prison law library services and resources from

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March 16 to … April 15, 2020. (Doc. 9 at 1-2.) Plaintiff also alleges that officials have denied

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him “medical care, mental health treatment and abused and mistreated plaintiff out of retaliation

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to plaintiff’s legal” actions. (Id. at 2.) In his first filing, Plaintiff also states that officials “have

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placed [his] life in threat.” (Doc. 8 at 1.)

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First, Plaintiff does not state a cognizable access to courts claim. Prisoners do not have a

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“freestanding right to a law library.” Lewis v. Casey, 518 U.S. 343, 351 (1996). To state an access

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to courts claim, a plaintiff must allege an “actual injury,” i.e., that an official frustrated or

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hindered his efforts to pursue a direct criminal appeal, a petition for writ of habeas corpus, or a

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civil rights action under 42 U.S.C. § 1983. Id. at 343, 351, 354 (citations omitted). Plaintiff does

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not show that any officials’ actions have frustrated his efforts to pursue such a claim.

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Second, Plaintiff does not state a cognizable claim with respect to his alleged inadequate

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medical care, mistreatment, and threat to his life because he provides no factual allegations to

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support these claims. While detailed factual allegations are not required, “[t]hreadbare recitals of

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the elements of a cause of action, supported by mere conclusory statements, do not suffice.”

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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted). Plaintiff provides no factual matter

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regarding these claims, only conclusory assertions.

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With respect to prospective harm, Plaintiff provides no allegations that he will suffer

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irreparable harm if the Court denies his requested relief. “Issuing a preliminary injunction based

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only on a possibility of irreparable harm is inconsistent with our characterization of injunctive

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relief as an extraordinary remedy that may only be awarded upon a clear showing that the

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plaintiff is entitled to such relief.” Winter, 555 U.S. at 22 (citation omitted). Plaintiff does not
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make that showing.

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Lastly, Plaintiff’s requested injunction is unrelated to the claims he brings in this lawsuit.

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Plaintiff’s claims in his complaint stem from Appeals Coordinator J. Ceballos denying his inmate

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grievances. (See Doc. 1 at 7-9.) Plaintiff does not allege that the defendants denied his access to

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the law library, denied him medical treatment, or threatened his life. “When a plaintiff seeks

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injunctive relief based on claims not pled in the complaint, the court does not have the authority

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to issue an injunction.” Pac. Radiation Oncology, LLC v. Queen’s Med. Ctr., 810 F.3d 631, 633

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(9th Cir. 2015). “Because the Court only has jurisdiction over the operative claims in the

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[c]omplaint,” which do not include the claims in Plaintiff’s motion, the Court lacks the authority

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to provide the injunctive relief that Plaintiff seeks. Smith v. Rios, No. 1:10-cv-1554-AWI-MJS,

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2010 WL 4603959, at *2 (E.D. Cal. 2010) (citations omitted).

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III.

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CONCLUSION AND RECOMMENDATION
For the reasons set forth above, the Court RECOMMENDS that Plaintiff’s motion for a

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preliminary injunction (Docs. 8-9) be DENIED. These Findings and Recommendations will be

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submitted to the District Judge assigned to this case, pursuant to the provisions of 28 U.S.C.

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section 636(b)(l). Within 14 days of the date of service of these Findings and Recommendations,

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Plaintiff may file written objections with the Court. The document should be captioned,

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may result in waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d

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834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

May 18, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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