Harris v. Fernan et al
Filing
79
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/07/19 RECOMMENDING that plaintiff's motion for injunctive relief 78 be denied. Motion for Injunctive Relief 78 referred to Judge Troy L. Nunley. 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
WAYDE HOLLIS HARRIS,
12
13
14
15
No. 2:17-cv-0680 TLN KJN P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
S. KERNAN, et al.,
Defendants.
16
17
Plaintiff is a state prisoner, proceeding without counsel. This action proceeds on
18
plaintiff’s Eighth Amendment medical claims against defendant Dr. Kuersten. On November 1,
19
2019, plaintiff filed a motion for emergency court order. Plaintiff seeks an order prohibiting his
20
transfer from California State Prison, Solano (“CSP-Solano”), because such transfer would result
21
in plaintiff’s temporary loss of access to his legal materials, and, if transferred to a Level II
22
facility, he might be required to store his excess legal materials outside his cell, limiting his
23
access thereto. In addition, due to his medical condition, if plaintiff is moved to a dorm, he would
24
not have immediate access to a toilet, and such housing would impede his ability to litigate his
25
cases. Plaintiff states there are many Level II inmates at CSP-Solano, but due to plaintiff’s
26
situation, he does not think he will be granted an override to remain at CSP-Solano. The court
27
construes plaintiff’s request as a motion for injunctive relief restraining defendants from
28
transferring plaintiff away from CSP-Solano.
1
“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on
2
the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the
3
balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v.
4
Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (citations omitted). “Speculative injury
5
does not constitute irreparable injury sufficient to warrant granting a preliminary injunction.”
6
Caribbean Marine Servs. Co. v. Baldrige, 844 F.2d 668, 674 (9th Cir. 1988) (citing Goldie’s
7
Bookstore, Inc. v. Superior Court, 739 F.2d 466, 472 (9th Cir. 1984)). “[A] plaintiff must
8
demonstrate immediate threatened injury as a prerequisite to preliminary injunctive relief.” Id.
9
(emphasis in original); Herb Reed Enters., LLC v. Fla. Entm’t Mgmt., Inc., 736 F.3d 1239, 1251
10
(9th Cir. 2013) (“Those seeking injunctive relief must proffer evidence sufficient to establish a
11
likelihood of irreparable harm.”).
12
Here, plaintiff claims that he is due for an annual review during which his points will drop
13
to a level enabling prison officials to transfer plaintiff to a Level II facility and anticipates that he
14
will be denied a request to remain at CSP-Solano. Plaintiff’s allegations of a potential transfer are
15
too speculative to constitute imminent or irreparable injury. See Goldie’s Bookstore, Inc. v.
16
Superior Court of State of Cal., 739 F.2d 466, 472 (9th Cir. 1984) (“Speculative injury does not
17
constitute irreparable injury.”) Moreover, plaintiff is not entitled to dictate his housing
18
assignments. See Olim v. Wakinekona, 461 U.S. 238, 245 (1983); Meachum v. Fano, 427 U.S.
19
215, 225 (1976); Montayne v. Haymes, 427 U.S. 236, 242 (1976) (It is well settled that prisoners
20
have no constitutional right to placement in any particular prison, to any particular security
21
classification, or to any particular housing assignment.). In addition, it is improper for the court
22
to second guess the decisions of prison officials regarding the day-to-day operation of prisons.
23
See Whitley v. Albers, 475 U.S. 312, 322 (1986) (quoting Bell v. Wolfish, 441 U.S. 520, 547
24
(1979) (Prison officials are entitled to “‘wide-ranging deference in the adoption and execution of
25
policies and practices that in their judgment are needed to preserve internal order and discipline
26
and to maintain institutional security.’”). If the classification committee determines that
27
plaintiff’s points have dropped and he should be transferred, plaintiff may raise any medical
28
concerns about such transfer at his annual review hearing. Moreover, if plaintiff is transferred
2
1
and temporarily deprived of access to his legal materials, he may file requests for extensions of
2
time to comply with any pending court deadline.
3
Finally, the court must have jurisdiction over the individuals against whom plaintiff
4
wishes the order to issue. The instant action proceeds solely as to Dr. Kuersten, a medical doctor
5
with no authority over plaintiff’s classification or housing. Zenith Radio Corp. v. Hazeltine
6
Research, Inc., 395 U.S. 100, 112 (1969).
For all of the above reasons, the undersigned recommends that plaintiff’s motion be
7
8
9
10
denied.
Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for injunctive
relief (ECF No. 78) be denied.
11
These findings and recommendations are submitted to the United States District Judge
12
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
13
after being served with these findings and recommendations, any party may file written
14
objections with the court and serve a copy on all parties. Such a document should be captioned
15
“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
16
objections shall be filed and served within fourteen days after service of the objections. The
17
parties are advised that failure to file objections within the specified time may waive the right to
18
appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
19
Dated: November 7, 2019
20
21
22
/harr0680.pi.tf
23
24
25
26
27
28
3
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?