Smith v. Ducart et al

Filing 117

ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; DENYING REQUEST FOR SUBPOENA by Judge William Alsup denying 108 Motion for Preliminary Injunction; denying 108 Motion for TRO; denying 113 Motion for Extension of Time to File; denying 116 Motion for Extension of Time to File Response/Reply. (Attachments: # 1 Certificate/Proof of Service)(dl, COURT STAFF) (Filed on 7/27/2017)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 JAMAAL SMITH, No. C 15-3964 WHA (PR) 7 Plaintiff, 8 v. 9 11 For the Northern District of California United States District Court 10 12 13 14 C.E. DUCART; D. MELTON; LAWRY; SERGEANT J. LACY; OFFICER A. SCHAAD; OFFICER S. SKERIK; OFFICER H. HANOVER; OFFICER M. HUMPHREY; OFFICER P. HICKS; SERGEANT ANDREW BARNEBURG; OFFICER L. NORTHRUP, OFFICER G.W. HEGGEN; OFFICER C.K. BELLINGER, ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; DENYING REQUEST FOR SUBPOENA (Dkt. Nos. 107, 108, 113, 116) Defendants. 15 / 16 17 Plaintiff, an inmate at Kern Valley State Prison, filed this civil rights case under 42 18 U.S.C. 1983 alleging that prison officials at Pelican Bay State Prison (“PBSP”), where plaintiff 19 was formerly housed, violated his constitutional rights. Defendants have been served and 20 appeared. 21 Plaintiff has filed a motion for temporary and preliminary injunctive relief against the 22 Warden of Corcoran State Prison, where Plaintiff was also housed previously, seeking access to 23 his legal property there. The Corcoran Warden is not a defendant and plaintiff’s claims concern 24 events at PBSP, not at Corcoran. A federal court must have personal jurisdiction over a person 25 being enjoined, and if a party has not been served or appeared, the court may not make a 26 decision determining his or her rights and obligations. Fed. R. Civ. P. 654(d); See Zepeda v. 27 United States, 753 F.2d 719, 727 (9th Cir. 1983). The Corcoran Warden is not a party, has not 28 been served, and has not appeared in this action. Therefore, plaintiff’s motion to enjoin him 1 must be DENIED. It is furthermore noted that the Corcoran Warden is located in the Eastern 2 District of California. If plaintiff wants to enjoin him, therefore, plaintiff must file suit in the 3 Eastern District against him seeking injunctive relief. Plaintiff may seek injunctive relief in this 4 case against the defendants who have been named and served. Plaintiff’s motions for additional 5 time to file a reply brief are DENIED because a reply brief is not necessary. 6 Plaintiff has filed a request for subpoena duces tecum to obtain from the Secretary of the 7 Department of Corrections and Rehabilitation his signature, or that of his designee, approving 8 PBSP operational procedure 204 and a description of those operational procedures that do not 9 require such approval. Plaintiff has not explained the relevance of those documents to his 11 For the Northern District of California United States District Court 10 claims. Accordingly, the request is DENIED. IT IS SO ORDERED. 12 Dated: July 13 27 , 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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