(PC) Peets v. Brown et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 10/03/19 RECOMMENDING that plaintiff's motion for injunctive relief 13 be denied. Motion for Preliminary Injunction 13 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LOUIS IVESTER PEETS,
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Plaintiff,
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v.
No. 2:18-CV-2469-KJM-DMC
FINDINGS AND RECOMMENDATIONS
JERRY BROWN, JR., et al.,
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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion (ECF No. 13) for injunctive
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relief.
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The legal principles applicable to requests for injunctive relief, such as a
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temporary restraining order or preliminary injunction, are well established. To prevail, the
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moving party must show that irreparable injury is likely in the absence of an injunction. See
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Stormans, Inc. v. Selecky, 586 F.3d 1109, 1127 (9th Cir. 2009) (citing Winter v. Natural Res.
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Def. Council, Inc., 129 S.Ct. 365 (2008)). To the extent prior Ninth Circuit cases suggest a lesser
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standard by focusing solely on the possibility of irreparable harm, such cases are “no longer
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controlling, or even viable.” Am. Trucking Ass’ns, Inc. v. City of Los Angeles, 559 F.3d 1046,
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1052 (9th Cir. 2009). Under Winter, the proper test requires a party to demonstrate: (1) he is
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likely to succeed on the merits; (2) he is likely to suffer irreparable harm in the absence of an
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injunction; (3) the balance of hardships tips in his favor; and (4) an injunction is in the public
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interest. See Stormans, 586 F.3d at 1127 (citing Winter, 129 S.Ct. at 374). The court cannot,
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however, issue an order against individuals who are not parties to the action. See Zenith Radio
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Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). Moreover, if an inmate is seeking
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injunctive relief with respect to conditions of confinement, the prisoner’s transfer to another
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prison renders the request for injunctive relief moot, unless there is some evidence of an
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expectation of being transferred back. See Prieser v. Newkirk, 422 U.S. 395, 402-03 (1975);
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Johnson v. Moore, 948 F.3d 517, 519 (9th Cir. 1991) (per curiam).
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In this case, plaintiff seeks an order requiring defendants to cease excluding
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plaintiff from job assignments because he is Jewish, reverse a guilty disciplinary finding, change
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plaintiff’s classification score, expunge traces of the disciplinary write-up, and correct and re-
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issue certain documents. The court finds injunctive relief is not warranted because plaintiff has
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not alleged any facts to show that it is likely plaintiff will suffer irreparable harm absent an
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injunction.
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Based on the foregoing the undersigned recommends that plaintiff’s motion for
injunctive relief (ECF No.13) be denied.
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
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after being served with these findings and recommendations, any party may file written
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objections with the court. Responses to objections shall be filed within 14 days after service of
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objections. Failure to file objections within the specified time may waive the right to appeal. See
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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: October 3, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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