Hicks v. Arya
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/24/17 recommending that plaintiff's motion for injunctive relief 32 be denied. MOTION for PRELIMINARY INJUNCTION 32 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MICHAEL J. HICKS,
No. 2: 16-cv-2465 MCE KJNP
FINDINGS AND RECOMMENDATIONS
AFSHIN ARYA, et al.,
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for injunctive relief filed June
23, 2017. (ECF No. 32.) For the reasons stated herein, the undersigned recommends that this
motion be denied.
This action proceeds on the original complaint against Dr. Arya. Plaintiff alleges that in
September 2016, while he was housed at California State Prison-Sacramento (“CSP-Sac”),
defendant Arya denied him adequate medical care for hepatitis C and cervical spondylosis.
Plaintiff alleges, in part, that defendant Arya refused to transfer him to a prison where he could
receive cervical traction.
In the pending motion, plaintiff requests that the court order his transfer to a prison
capable of providing cervical traction three times per week. Plaintiff also requests that he be
prescribed adequate pain medication.
While the caption of plaintiff’s pending motion for injunctive indicates that plaintiff is
housed at CSP-Sac, court records reflect that plaintiff is now housed at California State Prison-
Corcoran (“Corcoran”). No defendants are located at Corcoran.
Because no defendants are located at Corcoran, plaintiff seeks injunctive relief against
individuals who are not named as defendants in this action. This court is unable to issue an order
against individuals who are not parties to a suit pending before it. See Zenith Radio Corp. v.
Hazeltine Research, Inc., 395 U.S. 100, 112 (1969).
Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for injunctive
relief (ECF No. 32) be denied.
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
after being served with these findings and recommendations, any party may file written
objections with the court and serve a copy on all parties. Such a document should be captioned
“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
objections shall be filed and served within fourteen days after service of the objections. The
parties are advised that failure to file objections within the specified time may waive the right to
appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
Dated: August 24, 2017
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