Wolinski v. Lewis et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 9/25/2017 DENYING 19 Motion for Court Order. Within 14 days of this order's entry, defendants' counsel to file a short written statement notifying the court of his findings regarding plaintiff's law library access. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KRZYSZTOF F. WOLINSKI,
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No. 2:17-cv-00583 MCE AC P
Plaintiff,
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v.
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J. LEWIS, et al.,
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ORDER
Defendants.
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Plaintiff, who is a state prisoner, has filed a motion for court order. ECF No. 19.
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Specifically, he seeks an order directing Daniel Paramo, the Warden of the R.J. Donovan
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Correctional Facility (“R.J. Donovan”), to provide him with adequate access to the unit law
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library. Id. at 1. Warden Paramo is not a defendant to this action, however, and the court does
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not have jurisdiction over him. See, e.g., Zepeda v. United States Immigration Service, 753 F.2d
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719, 727 (9th Cir. 1985) (“[A] federal court may [only] issue an injunction if it has personal
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jurisdiction over the parties and subject matter jurisdiction over the claim; it may not attempt to
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determine the rights of persons not before the court.”) (emphasis added). Consequently,
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plaintiff’s motion must be denied.
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The court will, however, request that defendants’ counsel undertake an inquiry into
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plaintiff’s claims that he is being denied law library access. Counsel is not required to investigate
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plaintiff’s claims that such a denial (assuming one is being perpetrated) is premised on retaliation
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for protected actions plaintiff has undertaken at R.J. Donovan.1 The court is merely interested in
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determining plaintiff’s level of access to law library resources. Defendants’ counsel should notify
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the court of his findings by way of a short written filing within fourteen days of this order’s entry.
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It is THEREFORE ORDERED that:
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1.
Plaintiff’s motion for a court order (ECF No. 19) is DENIED; and
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2.
Within fourteen days of this order’s entry defendants’ counsel should file a short
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written statement notifying the court of his findings regarding plaintiff’s law library access.
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DATED: September 25, 2017
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Plaintiff may litigate such a claim by filing a separate lawsuit in the appropriate district court.
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