James v. United States Marshals Service Agents et al

Filing 42

ORDER: (1) Denying Motion for Immediate Relief and Judicial Assistance; and (2) Denying Motion for Access to the Courts [ECF Doc. Nos. 34 , 37 ]. Signed by Judge William Q. Hayes on 03/06/2018. (All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KYLE JAMES,

Case No.: 3:17-cv-0414-WQH-BLM
Plaintiff,

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ORDER:

v.
UNITED STATES MARSHAL
SERVICE, et al.,

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(1) DENYING MOTION FOR
IMMEDIATE RELIEF AND
JUDICIAL ASSISTANCE; AND

Defendants.

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(2) DENYING MOTION FOR
ACCESS TO THE COURTS

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[ECF Doc. Nos. 34, 37]

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Kyle James (“Plaintiff”), currently housed in the George Bailey Detention Facility

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located in San Diego, California, and proceeding pro se, has filed this action pursuant to

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42 U.S.C. § 1983 and the Federal Tort Claims Act (“FTCA”). See Compl. at 1, ECF Doc.

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No. 1. On August 8, 2017, the Court dismissed this action for failing to state a claim

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pursuant to 28 U.S.C. § 1915A. ECF Doc. No. 18. Plaintiff was granted forty five (45)

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days leave to file a First Amended Complaint. Id. When that time passed and Plaintiff

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failed to comply with the Court’s Order, the entire action was dismissed. ECF Doc. No.

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3:17-cv-0414-WQH-BLM

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Plaintiff later filed a Motion to Set Aside the Judgment which the Court granted, in

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part, on November 20, 2017. ECF Doc. No. 27. Plaintiff was given an additional sixty

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(60) days leave to file a First Amended Complaint. Id.

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On January 3, 2018, Plaintiff filed a “Motion for Immediate Action” which the Court

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liberally construed as a motion seeking immediate injunctive relief and a “Motion for

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Extension of Time to File First Amended Complaint.” ECF Doc. Nos. 30, 32. The Court

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DENIED Plaintiff’s “Motion for Immediate Action” and GRANTED him an extension of

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time to file his First Amended Complaint. ECF Doc. No. 35.

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However, Plaintiff has instead filed an “Emergency Extraordinary Writ for

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Immediate Relief,” along with a “Motion to the Court to Order San Diego Central Jail

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Grant Plaintiff Access to the Courts.” ECF Doc. Nos. 34, 37.

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I.

Plaintiff’s Motion for “Immediate Relief”1

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The Court will construe Plaintiff’s Motions as motions seeking injunctive relief.

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Plaintiff claims he is a “pre-trial detainee” who seeks an order from this Court “transferring

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Plaintiff into federal custody.” (Pl.’s Mot., ECF Doc. No. 34 at 2-3.) He also seeks an

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Order from this Court directing the San Diego County Sheriff’s Department to “grant

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Plaintiff ‘pro-per’ status which entitles Plaintiff to ‘meaningful’ assistance in preparing and

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filing legal papers.” (Pl.’s Mot., ECF Doc. No. 37, at 1.)

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Procedurally, a federal district court may issue emergency injunctive relief only if it

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has personal jurisdiction over the parties and subject matter jurisdiction over the lawsuit.

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See Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (noting

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that one “becomes a party officially, and is required to take action in that capacity, only

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upon service of summons or other authority-asserting measure stating the time within

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which the party served must appear to defend.”). The court may not attempt to determine

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the rights of persons not before it. See, e.g., Hitchman Coal & Coke Co. v. Mitchell, 245

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Plaintiff also filed the identical Motion is three other civil actions. They are James v. Agnew, et al.,
S.D. Cal. Civil Case No. 3:15-cv-00409-AJB-MDD; James v. Lee, et al., S.D. Cal. Civil Case No. 3:16cv-01592-AJB-JLB; James v. Emmens, et al., S.D. Cal. Civil Case No. 3:16-cv-02823-WQH-NLS.
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3:17-cv-0414-WQH-BLM

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U.S. 229, 234–35 (1916); Zepeda v. INS, 753 F.2d 719, 727–28 (9th Cir. 1983). Pursuant

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to Federal Rule of Civil Procedure 65(d)(2), an injunction binds only “the parties to the

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action,” their “officers, agents, servants, employees, and attorneys,” and “other persons

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who are in active concert or participation.” FED. R. CIV. P. 65(d)(2)(A)–(C).

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All the named Defendants in the matter before this Court are alleged to be federal

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employees and none of the named Defendants are alleged to be employed by the County

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of San Diego. Plaintiff is seeking injunctive relief that would require the Court to presume

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jurisdiction over parties who are not part of this action. The Court cannot grant Plaintiff

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injunctive relief because it has no personal jurisdiction over County of San Diego officials.

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See FED. R. CIV. P. 65(a)(1), (d)(2); Murphy Bros., Inc., 526 U.S. at 350; Zepeda, 753 F.2d

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at 727–28. A district court has no authority to grant relief in the form of a temporary

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restraining order or permanent injunction where it has no jurisdiction over the parties.

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Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 584 (1999) (“Personal jurisdiction, too, is

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an essential element of the jurisdiction of a district ... court, without which the court is

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powerless to proceed to an adjudication.”) (citation and internal quotation omitted).

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As previously noted, Plaintiff filed the identical motions in a total of four cases he

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has filed in the Southern District of California. A court “‘may take notice of proceedings

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in other courts, both within and without the federal judicial system, if those proceedings

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have a direct relation to matters at issue.’” Bias v. Moynihan, 508 F.3d 1212, 1225 (9th Cir.

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2007) (quoting Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n.2 (9th Cir. 2002)).

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Plaintiff’s Motion for a preemptory writ seeking to be released from the custody of the San

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Diego County Sheriff’s Department, where he was placed by the San Diego Superior Court,

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has already been denied. See James v. Emmens, et al., S.D. Cal. Civil Case No. 3:16-cv-

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02823-WQH-NLS, ECF Doc. No. 81.

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Plaintiff’s Motion seeking an Order from the Court directing the San Diego Sheriff’s

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Department to grant him “pro-per” status has also been previously denied. See id., ECF

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Doc. No. 89.

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Therefore, for all these reasons, Plaintiff’s Motions for injunctive relief must be
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DENIED.

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II.

Request for Judicial Notice

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Plaintiff also requests this Court “take notice of status and update in Legal Property

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issues and psych/pain medication.” ECF Doc. No. 37 at 1–2. “The court may judicially

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notice a fact that is not subject to reasonable dispute because it: (1) is generally known

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within the trial court’s territorial jurisdiction; or (2) can be accurately and readily

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determined from sources whose accuracy cannot reasonably be questioned.” FED. R. EVID.

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201(b)(1)–(2). Here, the Court finds that Plaintiff is alleging certain facts that are subject

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to reasonable dispute. Thus, Plaintiff’s request for judicial notice is DENIED.

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III.

Conclusion and Order

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IT IS HEREBY ORDERED that Plaintiff’s Motion for “Immediate Relief” and

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Motion for “Access to Courts” are DENIED. Plaintiff’s request for judicial notice is also

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DENIED. ECF Doc. Nos. 34, 37.

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Dated: March 6, 2018

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