O'Keefe v. Cate

Filing 209

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/14/2015 RECOMMENDING that plaintiff's 203 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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Plaintiff,

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No. 2:11-cv-2659 KJM KJN P

v.

FINDINGS AND RECOMMENDATIONS

JERRY BROWN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s May 6, 2015 motion for injunctive

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relief. (ECF No. 203.) For the following reasons, this motion should be denied.

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This action is proceeding on the fifth amended complaint filed November 14, 2014. (ECF

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No. 171). Plaintiff alleges that defendants have failed to provide him with adequate mental health

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care for exhibitionism, voyeurism and paraphilia. (Id. at 4.) Plaintiff requests injunctive relief in

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the form of an order directing defendants to provide him with treatment for these conditions. (Id.

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at 14.)

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In the pending motion for injunctive relief, plaintiff seeks an order preventing defendants

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from elevating his level of mental health care treatment from “CCCMS” to “EOP.” (ECF No.

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203 at 2.) Plaintiff alleges that the EOP level of care is not appropriate for him. (Id.) Plaintiff

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alleges that half of the prisoners who are EOP are low functioning and plaintiff cannot relate to

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them. (Id. at 3.) Plaintiff alleges that the other half of prisoners who are EOP are “playing” in

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order to be at that level of care. (Id.)

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In order to obtain injunctive relief, plaintiff must establish the following: 1) he is likely to

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succeed on the merits; 2) he is likely to suffer irreparable harm in the absence of preliminary

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relief; 3) the balance of equities tips in his favor; and 4) an injunction is in the public interest.

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Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008).
Plaintiff has failed to demonstrate how the subject matter of his pending motion for

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injunctive relief has any bearing on his likelihood of success on the merits of his underlying

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claim. A plaintiff seeking injunctive relief must show “[a] relationship between the injury

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claimed in the party’s motion and the conduct asserted in the complaint.” Devose v. Harrington,

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42 F.3d 470, 471 (8th Cir. 1994). Plaintiff has not demonstrated how his claim alleging that the

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EOP level of care is not appropriate for him is related to the claim on which this action is

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proceeding, i.e., defendants are not providing him with adequate treatment for voyeurism,

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exhibitionism and paraphilia. Because the conduct plaintiff seeks to enjoin appears to have no

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bearing on plaintiff’s likelihood of success on the merits, the pending motion for injunctive relief

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should be denied.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for injunctive
relief (ECF No. 203) be denied.

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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 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: May 14, 2015

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Ok2659.tro

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