Thomas v. Voong

Filing 42

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 02/07/14 recommending that plaintiff's motion for injunctive relief 30 be denied. MOTION for injunction relief 30 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON LATRELL THOMAS,

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Plaintiff,

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vs.

FINDINGS AND RECOMMENDATIONS

TERRY, et al.,

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Defendants.

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No. 2:12-CV-0471-MCE-CMK-P

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for injunctive relief (Doc. 30).

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In his motion, plaintiff asserts that unidentified prison officials at the California

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Medical Facility are not providing him access to his legal materials and the prison law library.

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Plaintiff seeks injunctive relief against individuals who are not named as defendants in this

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action. This court is unable to issue an order against individuals who are not parties to a suit

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pending before it. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969).

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The request must, therefore, be denied.

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Additionally, where a prisoner is seeking injunctive relief with respect to

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conditions of confinement, the prisoner’s transfer to another prison renders the request for

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injunctive relief moot, unless there is some evidence of an expectation of being transferred back.

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See Prieser v. Newkirk, 422 U.S. 395, 402-03 (1975); Johnson v. Moore, 948 F.3d 517, 519 (9th

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Cir. 1991) (per curiam). Such is the case here. Plaintiff’s motion was filed when he was housed

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at the California Medical Facility and concerns his conditions of confinement at that prison.

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Because plaintiff has since been transferred to California State Prison, Sacramento, and because

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plaintiff does not allege an expectation of being transferred back to the California Medical

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Facility, his motion should also be denied because it is moot.

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Based on the foregoing, the undersigned recommends that plaintiff’s motion for
injunctive relief (Doc. 30) be denied.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 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. Responses to objections shall be filed within 14 days after service of

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objections. Failure to file objections within the specified time may waive the right to appeal.

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See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: February 7, 2014
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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