Gray v. Pierce et al

Filing 31

ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/15 ORDERING that plaintiff's motion for appointment of a diet specialist and for an early settlement conference (ECF No. 22 ) is denied; Plaintiff's motion for injunctive relief (ECF No. 27 ) is denied; Plaintiff's motion requesting that the court rule on his motion for injunctive relief (ECF No. 30 ) is denied.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARYL DWIGHT GRAY,

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Plaintiff,

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v.

No. 2:15-cv-0762 KJN P

ORDER

PIERCE, 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. Plaintiff has consented to the jurisdiction of the undersigned. (ECF No. 5.)
Pending before the court is plaintiff’s June 10, 2015 motion for injunctive relief. (ECF

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No. 27). Also pending is plaintiff’s May 15, 2015 motion for appointment of a diet specialist and

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for an early settlement conference. (ECF No. 22.) For the following reasons, these motions are

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denied.
This action is proceeding on the original complaint filed April 8, 2015 against defendants

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Berg, Jackson, Martin, Millsap, Palagummi, Pierce and Zaragoza. (ECF No. 1.) Plaintiff was

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housed at the Deuel Vocational Institution (“DVI”) when he filed this action. All defendants but

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for defendant Jackson are employed at DVI. Defendant Jackson is employed at North Kern State

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Prison (“NKSP”).

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The gravamen of this action is plaintiff’s claim that the drinking water at DVI is not fit for

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human consumption. (Id. at 3.) Plaintiff alleges that the DVI drinking water damaged his liver.

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(Id.) Plaintiff alleges that he has a medical condition that makes the DVI drinking water “life

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threatening” to him. (Id.)

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On May 14, 2015, plaintiff filed a notice of change of address indicating that he is now
housed at the California Medical Facility (“CMF”). (ECF No. 21.)

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In the pending motion for injunctive relief filed June 10, 2015, plaintiff alleges that he

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suffered serious injuries as a result of drinking the DVI water. (ECF No. 27 at 2.) Plaintiff

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alleges that he suffered permanent injuries to his liver and kidneys. (Id.) Plaintiff requests that

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the court order that he be seen by a liver specialist and a “special diet doctor” to treat the injuries

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he suffered as a result of drinking the DVI water. (Id. at 3.)

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In his May 15, 2015 motion for appointment of a diet specialist, plaintiff alleges that as a

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result of drinking the DVI water, he now suffers painful urination, pain in his kidneys and liver,

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overall weakness and a “discounted quality of life” that is permanent. (ECF 22 at 1.) Plaintiff

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requests that the court appoint a diet specialist to treat these conditions.

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In the pending motions, plaintiff is requesting that the court order CMF prison officials to

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provide him with a diet specialist and take him to a liver specialist. In other words, plaintiff seeks

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injunctive relief against individuals who are not named as defendants in this action. This court is

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unable to issue an order against individuals who are not parties to a suit pending before it. See

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Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). For this reason, these

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motions are denied.

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In the May 16, 2015 motion, plaintiff also requests an early settlement conference.
Because no defendants have appeared, this request is premature.

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On June 22, 2015, plaintiff filed a motion requesting that the court rule on his June 10,

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2015 motion for injunctive relief. (ECF No. 30.) Because the undersigned addresses plaintiff’s

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June 10, 2015 motion for injunctive relief in the instant order, plaintiff’s June 22, 2015 motion is

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denied as unnecessary.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for appointment of a diet specialist and for an early settlement

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conference (ECF No. 22) is denied;

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2. Plaintiff’s motion for injunctive relief (ECF No. 27) is denied;

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3. Plaintiff’s motion requesting that the court rule on his motion for injunctive relief (ECF

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No. 30) is denied.

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Dated: June 26, 2015

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