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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?