Coleman v. Virga et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/26/2018 RECOMMENDING plaintiff's 15 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT COLEMAN,
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No. 2:17-cv-0851 KJM KJN P
Plaintiff,
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v.
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T. VIRGA, et al.,
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FINDINGS AND RECOMMENDATIONS
Defendants.
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for injunctive relief. (ECF
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No. 15.) For the reasons stated herein, the undersigned recommends that plaintiff’s motion be
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denied.
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Plaintiff is incarcerated at California State Prison-Los Angeles (“CSP-LA”). In the
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pending motion, plaintiff seeks an order directing prison officials at CSP-LA to assign plaintiff to
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single cell status.
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The defendants in this action, i.e., Hinrich, Lynch, Virga, Haring, Wright, Curren and
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Walcott, are located at California State Prison-Sacramento (“CSP-Sac”). (See ECF No. 13
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(amended complaint). Thus, plaintiff seeks injunctive relief against individuals who are not
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named as defendants in this action, i.e., prison officials at CSP-LA. This court is unable to issue
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an order against individuals who are not parties to a suit pending before it. See Zenith Radio
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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. 15) be denied.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, plaintiff may file written objections
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with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that
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failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: March 26, 2018
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Cole851.fr
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