(PC) Newsome v. Loterzstain et al

Filing 54

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 6/2/2021 RECOMMENDING plaintiff's 43 motion for preliminary injunction be denied. Referred to Judge John A. Mendez; 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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SHELDON RAY NEWSOME,

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Plaintiff,
v.
M. LOTERZSTAIN, et al.,
Defendants.

Case No. 2:19-cv-00307-JAM-JDP (PC)
FINDINGS AND RECOMMENDATIONS
THAT PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION BE DENIED
ECF No. 43
OBJECTIONS DUE WITHIN FOURTEEN
DAYS

Plaintiff Sheldon Ray Newsome has filed a motion for preliminary injunction and seeks an

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order directing non-party prison officials at the California Medical Facility to stop their recent

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acts of retaliation against him for filing lawsuits. ECF No. 43 at 11. I recommend that the

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motion be denied because it is based on allegations unrelated to the claims in this suit.

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Legal Standards

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A federal district court may issue injunctive relief only if the court has both personal

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jurisdiction over the parties and subject matter jurisdiction over the lawsuit. See Murphy Bros.,

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Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (noting that one “becomes a party

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officially, and is required to take action in that capacity, only upon service of summons or other

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authority-asserting measure stating the time within which the party served must appear to

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defend”). The court may not determine the rights of persons not before it. See Hitchman Coal &

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Coke Co. v. Mitchell, 245 U.S. 229, 234-35 (1916); Zepeda v. INS, 753 F.2d 719, 727-28 (9th Cir.
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1983); see also Califano v. Yamasaki, 442 U.S. 682, 702 (1979) (injunctive relief must be

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“narrowly tailored to give only the relief to which plaintiffs are entitled”). Under Rule 65(d)(2),

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an injunction binds only “the parties to the action,” their “officers, agents, servants, employees,

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and attorneys,” and “other persons who are in active concert or participation.” Fed. R. Civ. P.

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65(d)(2)(A)-(C).

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“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on

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the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the

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balance of equities tips in his favor, and that an injunction is in the public interest.” Glossip v.

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Gross, 135 S. Ct. 2726, 2736-37 (2015) (quoting Winter v. Natural Res. Def. Council, Inc., 555

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U.S. 7, 20 (2008)). “[P]laintiffs must establish that irreparable harm is likely, not just possible, in

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order to obtain a preliminary injunction.” Alliance for the Wild Rockies v. Cottrell, 632 F.3d

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1127, 1131 (9th Cir. 2011). In addition to establishing irreparable harm, the injunctive relief

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sought must be related to the claims brought in the complaint. See Pac. Radiation Oncology, LLC

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v. Queen’s Med. Ctr., 810 F.3d 631, 633 (9th Cir. 2015) (“When a plaintiff seeks injunctive relief

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based on claims not pled in the complaint, the court does not have the authority to issue an

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injunction.”). A permanent injunction may be granted only after a final hearing on the merits.

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See MAI Sys. Corp. v. Peak Computer, Inc., 991 F.2d 511, 520 (9th Cir.1993) (“As a general rule,

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a permanent injunction will be granted when liability has been established . . . .”).

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The Prison Litigation Reform Act (“PLRA”) imposes additional requirements on prisoner

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litigants who seek preliminary injunctive relief against prison officials. In such cases,

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“[p]reliminary injunctive relief must be narrowly drawn, extend no further than necessary to

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correct the harm the court finds requires preliminary relief, and be the least intrusive means

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necessary to correct that harm.” 18 U.S.C. § 3626(a)(2). As the Ninth Circuit has previously

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observed, the PLRA places significant limits upon a court’s power to grant preliminary injunctive

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relief to inmates, and “operates simultaneously to restrict the equity jurisdiction of federal courts

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and to protect the bargaining power of prison administrators—no longer may courts grant or

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approve relief that binds prison administrators to do more than the constitutional minimum.”

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Gilmore v. People of the State of California, 220 F.3d 987, 998-99 (9th Cir. 2000).
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Analysis
In his complaint, plaintiff alleges that defendants Dirisu and Lotersztain orchestrated his

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transfer to a different prison in retaliation for his filing of grievances. ECF No. 18 at 3-4.

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Plaintiff also claims that defendant Lotersztain was deliberately indifferent to his serious medical

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needs. Id. at 10-11. The conduct complained of in the complaint occurred in 2017. Id. at 3. By

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contrast, plaintiff’s motion for preliminary injunction concerns acts of retaliation by non-party

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prison officials in 2020. See, e.g., ECF No. 43 at 2. A motion for preliminary injunction must

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relate to the allegations in the complaint. See De Beers Consol. Mines v. United States, 325 U.S.

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212, 220 (1945) (holding that a preliminary injunction cannot address “a matter lying wholly

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outside the issues in the suit”); Pac. Radiation Oncology, LLC v. Queen’s Med. Ctr., 810 F.3d

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631, 633 (9th Cir. 2015) (“When a plaintiff seeks injunctive relief based on claims not pled in the

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complaint, the court does not have the authority to issue an injunction.”). And the acts alleged in

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the motion do not appear to have restricted plaintiff’s access to the courts. In the months after he

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filed his motion, plaintiff submitted exhibits that related to his complaint, ECF No. 50, and a

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reply to defendants’ opposition to his motion, ECF No. 51. And, as best I can tell, plaintiff does

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not allege that his access to the courts has been restricted in any specific way. Thus, the Ninth

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Circuit’s exception to the relation requirement does not apply. See Diamontiney v. Borg, 918

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F.2d 793, 796 (9th Cir. 1990) (holding that, where a motion for injunctive relief relates to an

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inmate’s access to the courts, the relation requirement does not apply).

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Plaintiff’s motion should also be denied because it seeks to enjoin individuals who are not

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parties to this action. See Zepeda v. U.S. I.N.S., 753 F.2d 719, 727 (9th Cir. 1983) (“A federal

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court may issue an injunction if it has personal jurisdiction over the parties and subject matter

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jurisdiction over the claim; it may not attempt to determine the rights of persons not before the

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court.”). As defendants point out, none of the non-parties’ conduct is alleged to be connected to

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Dirisu or Lotersztain who, the parties agree, no longer work for the California Department of

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Corrections and Rehabilitation. ECF No. 43 at 17; ECF No. 49 at 3.

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For the above reasons, it is RECOMMENDED that plaintiff’s motion for preliminary
injunction, ECF No. 43, 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, any party may file written

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objections 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.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
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June 2, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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