(PC) Watts v. Abernathy, et al.

Filing 28

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 10/3/2019 RECOMMENDING 24 Motion for Preliminary Injunction be denied. Referred to Judge Troy L. Nunley. Objections due within 14 days fater being served with these findings and recommendations. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNELL WATTS,

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Plaintiff,

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No. 2:19-CV-0715-TLN-DMC-P

v.

FINDINGS AND RECOMMENDATIONS

J. ABERNATHY, 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 for injunctive relief (ECF No.

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24).

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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).
In this case, plaintiff seeks an order directing prison officials to remove the “R”

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suffix from his file. The court finds such an order would not be appropriate. First, as discussed

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in the court’s September 10, 2019, order, as currently pleaded plaintiff has no chance of success

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on the merits of his case because he has not stated a cognizable claim. Second, even if plaintiff

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does state a cognizable claim, plaintiff has not demonstrated any likelihood he would suffer

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irreparable harm absent an order removing the “R” suffix. Specifically, plaintiff has not

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explained how inclusion of the “R” suffix creates any risk of harm. To the extent plaintiff alleges

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inclusion of the “R” suffix to his file lets other inmates know his conviction offense, plaintiff does

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not claim that the “R” suffix designation is something generally made known to other inmates.

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Based on the foregoing, the undersigned recommends that plaintiff’s motion for

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injunctive relief (ECF No. 24) 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 objections

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with the court. Responses to objections shall be filed within 14 days after service of objections.

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Failure to file objections within the specified time may waive the right to appeal. See Martinez v.

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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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