Velasquez v. Robustelli

Filing 32

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/27/2017 RECOMMENDING plaintiff's 20 motion for a "restraining order" be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENICIO VELAQUEZ,

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No. 2:16-cv-1131 JAM CKD P

Plaintiff,

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v.

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J. ROBUSTELLI,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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Plaintiff is California prisoner proceeding pro se with an action for violation of civil rights

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under 42 U.S.C. § 1983. Defendant is a Correctional Officer at the California Medical Facility.

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On December 19, 2016, plaintiff filed a motion asking that the court order that defendant not be

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permitted to work where plaintiff is housed. After plaintiff filed his motion, he was transferred

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to California State Prison, Sacramento. Therefore, plaintiff’s motion is moot. Preiser v.

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Newkirk, 422 U.S. 395, 402-03 (1975). Plaintiff argues the transfer was actually an act of

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retaliation for the filing of this lawsuit. While plaintiff might have basis to initiate a separate civil

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action based upon his transfer, is does not change the conclusion that plaintiff’s request for

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injunctive relief is moot.
In accordance with the above, IT IS HEREBY RECOMMENDED that plaintiff’s motion

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for a “restraining order” (ECF No. 20) be denied.

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/////
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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)(l). Within fourteen days

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

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: March 27, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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