Escutia Mendoza v. Gonzalez

Filing 8

ORDER DENYING MOTION FOR TEMPORARY INJUNCTION by Judge William Alsup denying 5 Motion for Permanent Injunction (Attachments: # 1 Certificate of Service) (dt, COURT STAFF) (Filed on 3/28/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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JORGE NAHIM ESCUTIA
MENDOZA,

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ORDER DENYING MOTION FOR
TEMPORARY INJUNCTION

Petitioner,

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No. C 11-5393 WHA (PR)

v.
TERRI GONZALEZ,

(Docket No. 5)

Respondent.
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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus

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pursuant to 28 U.S.C. 2254. The petition was reviewed and respondent was ordered to show

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cause why it should not be granted. Respondent filed a motion to dismiss the petition as

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untimely, and petitioner’s opposition, if any, is due on April 6, 2012. Petitioner has filed a

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motion for a “temporary injunction” prohibiting prison officials from transferring him to a

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different institution. Prisoners have no constitutional right to incarceration in a particular

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institution. Olim v. Wakinekona, 461 U.S. 238, 244-48 (1983); Rizzo v. Dawson, 778 F.2d 527,

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530 (9th Cir. 1985). "It is well settled that the decision where to house inmates is at the core of

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prison administrators' expertise." McKune v. Lile, 536 U.S. 24, 39 (2002). The constitution

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does not require prison officials to keep him at his current institution, therefore, so long as they

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adhere to the Eighth Amendment’s requirement that they take reasonable measures to guarantee

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his safety if he is transferred to a different institution. See Farmer v. Brennan, 511 U.S. 825,

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832 (1994). Accordingly, the motion for a temporary restraining order (docket number 5) is

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DENIED.

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IT IS SO ORDERED.

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Dated: March

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, 2012.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\WHA\HC.11\MENDOZA5393.TRO.wpd

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