Coleman v. Virga et al

Filing 24

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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