Gibbs v. California Department of Fish and Game et al

Filing 62

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 8/10/2016 RECOMMENDING plaintiff's 59 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT ALAN GIBBS,

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Plaintiff,

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vs.

FINDINGS AND RECOMMENDATIONS

BOYD, et al.,

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Defendants.

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/

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No. 2:13-CV-2631-KJM-CMK

Plaintiff, who is proceeding pro se, brings this civil rights action. Pending before
the court is plaintiff’s motion for injunctive relief (Doc. 59).

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In this action, plaintiff alleges that defendants violated his civil rights in

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connection with his arrest in December 2012. In the current motion, plaintiff claims that

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“deputies at Shasta County Jail” are retaliating against him by stealing his personal property.

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Plaintiff’s motion seeks relief against individuals who are not named as defendants in this action.

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

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

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request must, therefore, be denied.

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///
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Based on the foregoing, the undersigned recommends that plaintiff’s motion for
injunctive relief (Doc. 59) 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: August 10, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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