Anderson v. Virga et al

Filing 150

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/18/21 RECOMMENDING that plaintiff's motion for preliminary injunction 149 be denied. Motion 149 referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC ZACHARY ANDERSON,

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Plaintiff,

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v.
TIM VIRGA, et al.,

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FINDINGS AND RECOMMENDATION
THAT PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION BE DENIED
OBJECTIONS DUE WITHIN FOURTEEN
DAYS

Defendants.
ECF No. 149

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Case No. 2:15-cv-01148-KJM-JDP (PC)

Plaintiff, a state prisoner proceeding without counsel, commenced this action against

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defendant Villasenor, alleging that defendant violated his Eighth Amendment rights by using

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excessive force. ECF Nos. 23, 26.1 In August 2020, the court held a supervised settlement

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conference, at which the parties reached a settlement agreement. ECF No. 139. After the parties

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filed a stipulation of dismissal, the court dismissed this action with prejudice. ECF Nos. 144,

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145. Notwithstanding the dismissal of this action, plaintiff has now filed a motion for injunctive

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relief that alleges that Eric Sanchez, who was not a party to this case, arranged for plaintiff’s

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transfer to a different prison and ignored his single cell status in retaliation for plaintiff seeking

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The first amended complaint also alleged claims against three other defendants, ECF No.
23, but plaintiff voluntarily dismissed his claims against those defendants, ECF Nos. 122, 124.
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his settlement money.2 ECF No. 149 at 1. Plaintiff seeks an order enjoining Sanchez from

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(1) transferring plaintiff to another prison and (2) housing plaintiff in a cell with other inmates.

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Plaintiff’s motion must be denied. As a threshold matter, plaintiff’s claims have all been

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dismissed, foreclosing the court from granting him the relief that he seeks. See Sherman v. City

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of Davis, No. CIV S-04-2320-LKK-EFB (PS), 2008 WL 1899926, at *2 (E.D. Cal. Apr. 25,

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2008) (noting that a plaintiff cannot seek an injunction on a closed case). Furthermore, plaintiff’s

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motion seeks relief that has no relation to the claims that were raised in this case. A motion for

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preliminary injunction must relate to the allegations in the complaint. See Pac. Radiation

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Oncology, LLC v. Queen’s Med. Ctr., 810 F.3d 631, 633 (2015) (“When a plaintiff seeks

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injunctive relief based on claims not pled in the complaint, the court does not have the authority

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to issue an injunction.”).

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For these reasons, it is hereby RECOMMENDED that plaintiff’s motion for preliminary
injunction, ECF No. 149, be denied.
These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days of

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being served with these findings and recommendations, any party may file written objections with

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the court, serving a copy on all parties. Such a document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be

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served and filed within fourteen days of service of the objections. The parties are advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Plaintiff claims that Eric Sanchez is a correctional counselor at California State PrisonSacramento. ECF No. 149 at 1-2.
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IT IS SO ORDERED.

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Dated:
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October 18, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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