Smith v. Ducart et al
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMAAL SMITH,
No. C 15-3964 WHA (PR)
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Plaintiff,
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v.
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For the Northern District of California
United States District Court
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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.
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Plaintiff, an inmate at Kern Valley State Prison, filed this civil rights case under 42
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U.S.C. 1983 alleging that prison officials at Pelican Bay State Prison (“PBSP”), where plaintiff
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was formerly housed, violated his constitutional rights. Defendants have been served and
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appeared.
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Plaintiff has filed a motion for temporary and preliminary injunctive relief against the
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Warden of Corcoran State Prison, where Plaintiff was also housed previously, seeking access to
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his legal property there. The Corcoran Warden is not a defendant and plaintiff’s claims concern
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events at PBSP, not at Corcoran. A federal court must have personal jurisdiction over a person
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being enjoined, and if a party has not been served or appeared, the court may not make a
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decision determining his or her rights and obligations. Fed. R. Civ. P. 654(d); See Zepeda v.
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United States, 753 F.2d 719, 727 (9th Cir. 1983). The Corcoran Warden is not a party, has not
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been served, and has not appeared in this action. Therefore, plaintiff’s motion to enjoin him
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must be DENIED. It is furthermore noted that the Corcoran Warden is located in the Eastern
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District of California. If plaintiff wants to enjoin him, therefore, plaintiff must file suit in the
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Eastern District against him seeking injunctive relief. Plaintiff may seek injunctive relief in this
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case against the defendants who have been named and served. Plaintiff’s motions for additional
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time to file a reply brief are DENIED because a reply brief is not necessary.
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Plaintiff has filed a request for subpoena duces tecum to obtain from the Secretary of the
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Department of Corrections and Rehabilitation his signature, or that of his designee, approving
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PBSP operational procedure 204 and a description of those operational procedures that do not
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require such approval. Plaintiff has not explained the relevance of those documents to his
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For the Northern District of California
United States District Court
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claims. Accordingly, the request is DENIED.
IT IS SO ORDERED.
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Dated: July
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, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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