Shahid v. Aldaz et al

Filing 24

ORDER denying 23 Motion for Preliminary Injunction signed by Magistrate Judge Dale A. Drozd on 03/17/15. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UMAR SHAHID, 12 No. 2:14-cv-0454 DAD P Plaintiff, 13 v. 14 I. ALDAZ, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. Pending before the court is plaintiff‟s motion for a preliminary 19 injunctive relief. 20 21 BACKGROUND Plaintiff is proceeding on a second amended complaint against defendants Rodriguez and 22 Thompson. At screening, the court found that plaintiff‟s complaint appeared to state a cognizable 23 claim for relief against defendant Rodriguez for allegedly interfering with plaintiff‟s right to 24 marry. (Doc. No. 15) The court also found that plaintiff‟s complaint appeared to state a 25 cognizable claim for relief against defendant Thompson for retaliation. (Id.) The court ordered 26 service of plaintiff‟s complaint on defendants, and defendants have since filed an answer to the 27 complaint. (Doc. Nos. 17 & 20) On December 15, 2014, the court issued a discovery and 28 scheduling order in this matter. (Doc. No. 21) 1 1 DISCUSSION 2 In the pending motion for preliminary injunctive relief, plaintiff contends that three 3 investigative service unit officers confiscated his legal work pertaining to this lawsuit without 4 explanation. Plaintiff seeks a court order requiring that he be transferred to a different institution. 5 (Pl.‟s Mot. for Prelim. Inj. at 2-4.) 6 The court will deny plaintiff‟s motion without prejudice. As an initial matter, plaintiff‟s 7 motion does not comply with Local Rule 231, which requires that a motion for preliminary 8 injunctive relief be accompanied by: (1) a declaration signed under penalty of perjury on the 9 question of irreparable injury; (2) a memorandum of points and authorities addressing all legal 10 issues raised by the motion; and (3) evidence of notice to all persons who would be affected by 11 the order sought. See Local Rule 231(d). 12 Moreover, plaintiff‟s allegations are against three non-party investigative service unit 13 officers. In addition, plaintiff seeks a court order, presumably against his warden or the 14 California Department of Corrections and Rehabilitation, transferring him to a different 15 institution. Plaintiff is advised that this court is unable to issue an order against any entity or 16 individual who is not a party to a suit pending before it. See Zenith Radio Corp. v. Hazeltine 17 Research, 395 U.S. 100, 112 (1969); Zepeda v. United States Immigration Service, 753 F.2d 719, 18 727 (9th Cir. 1985) (“A federal court may issue an injunction if it has personal jurisdiction over 19 the parties and subject matter jurisdiction over the claim; it may not attempt to determine the 20 rights of persons not before the court.”). 21 Finally, “[t]he proper legal standard for preliminary injunctive relief requires a party to 22 demonstrate „that he is likely to succeed on the merits, that he is likely to suffer irreparable harm 23 in the absence of preliminary relief, that the balance of equities tips in his favor, and that an 24 injunction is in the public interest.‟” Stormans v. Selecky, 571 F.3d 960, 978 (9th Cir. 2009) 25 (quoting Winter v. Natural Res. Def. Council, 555 U.S. 7, 20 (2008)). Here, plaintiff‟s 26 allegations concerning the confiscation of his property are vague and conclusory and fail to state a 27 claim for relief for loss of property, denial of access to the courts, or retaliation. In this regard, 28 plaintiff‟s motion also falls short of making the showing required for the granting of preliminary 2 1 injunctive relief. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). Accordingly, the 2 court will deny plaintiff‟s motion for preliminary injunctive relief.1 3 CONCLUSION Accordingly, IT IS HEREBY ORDERED that plaintiff‟s motion for preliminary 4 5 injunctive relief (Doc. No. 23) is denied without prejudice. 6 Dated: March 17, 2015 7 8 9 DAD:9 shah0454.pid 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 27 28 If plaintiff is still without his legal property, he should first seek relief through the administrative grievance process at his institution of incarceration. See Cal. Code Regs. tit. 15, § 3084.1(a) (prisoners may appeal “any policy, decision, action, condition, or omission by the department or its staff that the inmate or parolee can demonstrate as having a material adverse effect upon his or her health, safety, or welfare.”). 3

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