Samaan v. Jones, et al.

Filing 89

ORDER signed by District Judge Kimberly J. Mueller on 7/1/19 DIRECTING plaintiff to SHOW CAUSE within 7 days why this case should not be dismissed for lack of standing to seek injunctive relief as plaintiff has already obtained the relief sought in this manner by virtue of obtaining a CCW permit from the Placer County Sheriff. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NABIL SAMAAN,

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Case No. 2:16-cv-00789-KJM-CKD

Plaintiff,
v.

ORDER

SCOTT R. JONES,
Defendant.

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On March 18, 2019, defendant Scott Jones filed his trial brief asserting plaintiff

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Nabil Samaan lacks standing to continue to seek injunctive relief in the form of a court order

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mandating defendant issue him a permit to carry a concealed weapon (“CCW permit”). ECF No.

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79 at 2. Plaintiff filed an opposition to defendant’s trial brief on June 21, 2019. ECF No. 87.

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Defendant then filed a reply brief on June 28, 2019, making the new representation that plaintiff

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now has obtained a CCW permit from Placer County. ECF No. 88. Defendant submitted along

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with his reply brief a copy of a CCW permit issued to plaintiff by the Placer County Sheriff on

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February 12, 2019. ECF No. 88-1. Plaintiff has not up to this point notified this court of the

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issuance of his CCW permit, or the import of its issuance.

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A plaintiff seeking injunctive relief “must demonstrate that he has suffered or is

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threatened with a ‘concrete and particularized’ legal harm, coupled with ‘a sufficient likelihood

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that he will again be wronged in a similar way.’” Bates v. United Parcel Serv., Inc., 511 F.3d

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974, 985 (9th Cir. 2007) (quoting Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992), and City of
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L.A. v. Lyons, 461 U.S. 95, 111 (1983)). “In addition, the claimed threat of injury must be likely

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to be redressed by the prospective injunctive relief.” Id. at 985–86. Plaintiff’s claim for

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injunctive relief is the only claim remaining in this matter. See ECF No. 69. Therefore, plaintiff

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is ORDERED, within seven (7) days of the entry of this order, TO SHOW CAUSE why this case

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should not be dismissed for lack of standing to seek injunctive relief, as plaintiff has already

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obtained the relief sought in this manner by virtue of obtaining a CCW permit from the Placer

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County Sheriff.

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IT IS SO ORDERED.
DATED: July 1, 2019.

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UNITED STATES DISTRICT JUDGE

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