Chastang v. Cervantes et al

Filing 27

ORDER signed by Magistrate Judge Deborah Barnes on 3/2/2017 DENYING plaintiff's 25 motions to amend the complaint and for an injunction. (Yin, K)

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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 LOTICOL CHASTANG, 12 Plaintiff, 13 14 No. 2:15-cv-0961 DB P v. ORDER E. CERVANTES, et al., 15 Defendant. 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 19 action under 42 U.S.C. § 1983. Plaintiff alleges defendants used excessive force when they shot 20 him during his altercation with another inmate. Before the court are plaintiff’s motions to amend 21 the complaint to add a new party and for an injunction against that party. (ECF No. 25.) 22 I. Motion to Amend 23 In his motion, plaintiff seeks to add Officer Hernandez as a defendant in this action. 24 Plaintiff contends Hernandez threatened him after plaintiff informed Hernandez that he was going 25 to be housed on the ground floor. Plaintiff’s contentions regarding Hernandez have no 26 relationship to the subject matter of his complaint. Further, the incident complained of occurred 27 on January 24, 2017. (See Mot. (ECF No. 25) at 2.) Therefore, plaintiff could not have 28 1 1 exhausted his administrative remedies regarding this claim prior to filing this suit. See Vaden v. 2 Summerhill, 449 F.3d 1047, 1051 (9th Cir. 2006) (a prisoner “may initiate litigation in federal 3 court only after the administrative process ends”); McKinney v. Carey, 311 F.3d 1198, 1199 (9th 4 Cir. 2002) (prisoner must exhaust available remedies before he files his complaint; he may not do 5 so during the course of the litigation). Accordingly, plaintiff’s motion to amend will be denied. 6 II. 7 Motion for Restraining Order Plaintiff seeks an order from the court requiring Officer Hernandez to “stay 10,000 feet away 8 from plaintiff.” (ECF No. 25 at 1.) Plaintiff is essentially requesting an injunction directed to 9 Officer Hernandez. 10 The principal purpose of preliminary injunctive relief is to preserve the court’s power to 11 render a meaningful decision after a trial on the merits. See 9 Charles Alan Wright & Arthur R. 12 Miller, Federal Practice and Procedure § 2947 (3d ed. 2014). Implicit in this required showing is 13 that the relief awarded is only temporary and there will be a full hearing on the merits of the 14 claims raised in the injunction when the action is brought to trial. Therefore, a party seeking a 15 preliminary injunction must show a “sufficient nexus between the claims raised in a motion for 16 injunctive relief and the claims set forth in the underlying complaint itself.” Pacific Radiation 17 Oncology, LLC v. Queen’s Med. Ctr., 810 F.3d 631, 636 (9th Cir. 2015). That relationship is 18 sufficient to support a preliminary injunction where the injunctive relief sought is “‘of the same 19 character as that which may be granted finally.’” Id. (quoting De Beers Consol. Mines v. United 20 States, 325 U.S. 212, 220 (1945)). “Absent that relationship or nexus, the district court lacks 21 authority to grant the relief requested.” Id. For similar reasons, an injunction against individuals 22 not parties to an action is strongly disfavored. See Zenith Radio Corp. v. Hazeltine Research, 23 Inc., 395 U.S. 100, 110 (1969) (“It is elementary that one is not bound by a judgment . . . 24 resulting from litigation in which he is not designated as a party . . . .”). 25 Plaintiff seeks an order requiring Officer Hernandez to stay away from him based on 26 Officer Hernandez’s threats to plaintiff. Plaintiff’s concerns about Officer Hernandez are not a 27 basis of his complaint in this action and Officer Hernandez is not a party to this action. For these 28 reasons, plaintiff’s request for injunctive relief will be denied. 2 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions to amend the complaint 2 and for an injunction (ECF No. 25) are denied. 3 Dated: March 2, 2017 4 5 6 7 8 9 10 11 DLB:9 DLB1/prisoner-civil rights/chas0961.mta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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