Hicks v. Arya

Filing 40

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)

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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 MICHAEL J. HICKS, 12 13 14 No. 2: 16-cv-2465 MCE KJNP Plaintiff, v. FINDINGS AND RECOMMENDATIONS AFSHIN ARYA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for injunctive relief filed June 19 23, 2017. (ECF No. 32.) For the reasons stated herein, the undersigned recommends that this 20 motion be denied. 21 This action proceeds on the original complaint against Dr. Arya. Plaintiff alleges that in 22 September 2016, while he was housed at California State Prison-Sacramento (“CSP-Sac”), 23 defendant Arya denied him adequate medical care for hepatitis C and cervical spondylosis. 24 Plaintiff alleges, in part, that defendant Arya refused to transfer him to a prison where he could 25 receive cervical traction. 26 In the pending motion, plaintiff requests that the court order his transfer to a prison 27 capable of providing cervical traction three times per week. Plaintiff also requests that he be 28 prescribed adequate pain medication. 1 1 While the caption of plaintiff’s pending motion for injunctive indicates that plaintiff is 2 housed at CSP-Sac, court records reflect that plaintiff is now housed at California State Prison- 3 Corcoran (“Corcoran”). No defendants are located at Corcoran. 4 Because no defendants are located at Corcoran, plaintiff seeks injunctive relief against 5 individuals who are not named as defendants in this action. This court is unable to issue an order 6 against individuals who are not parties to a suit pending before it. See Zenith Radio Corp. v. 7 Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). 8 9 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for injunctive relief (ECF No. 32) be denied. 10 These findings and recommendations are submitted to the United States District Judge 11 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 12 after being served with these findings and recommendations, any party may file written 13 objections with the court and serve a copy on all parties. Such a document should be captioned 14 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 15 objections shall be filed and served within fourteen days after service of the objections. The 16 parties are advised that failure to file objections within the specified time may waive the right to 17 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 18 Dated: August 24, 2017 19 20 21 22 Hicks2465.pi 23 24 25 26 27 28 2

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