Torres v. Jorrin et al

Filing 21

ORDER Denying Plaintiff's Motion for Preliminary Injunction (Doc. No. 15 ). Signed by Judge Anthony J. Battaglia on 10/14/2020. (All non-registered users served via U.S. Mail Service)(jrm)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Gilbert Anthony Torres, Plaintiff, 12 13 14 Case No.: 20-cv-00891-AJB-BLM ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION v. A. Jorrin, et al., Defendants. (Doc. No. 15) 15 16 Before the Court is Plaintiff’s motion for preliminary injunction against Defendants 17 and other individuals. (Doc. No. 15 at 1–3 (requesting the Court to enjoin “Defendants, 18 their successors in office, agents, and employees and all other persons acting in concert 19 and participation with them” and “members or associates of the ‘Green Wall’”).) 20 “A preliminary injunction is an extraordinary remedy never awarded as of right.” 21 Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A federal 22 court may issue an injunction if it has personal jurisdiction over the parties and subject 23 matter jurisdiction over the claim; it may not attempt to determine the rights of persons not 24 before the court.” Zepeda v. INS, 753 F.2d 719, 727 (9th Cir. 1983). 25 On July 9, 2020, after conducting a pre-answer screening pursuant to 28 U.S.C. 26 §§ 1915(e)(2) and 1915A(b), the Court directed service of Plaintiff’s Complaint on 27 Defendants. (Doc. No. 7 at 8–10.) As of the date of this Order, Plaintiff has yet to serve 28 1 20-cv-00891-AJB-BLM 1 Defendants his Complaint. 1 Because Defendants have not been served, the Court does not 2 have personal jurisdiction over them, and may not attempt to determine their rights. 3 Zepeda, 753 F.2d at 727. See Fed. R. Civ. P. 4(c); Zenith Radio Corp. v. Hazeltine 4 Research, Inc., 395 U.S. 100, 110 (1969) (“[O]ne is not bound by a judgment in personam 5 resulting from litigation . . . to which he has not been made a party by service of process.”) 6 Accordingly, the Court DENIES Plaintiff’s motion for preliminary injunction. 7 8 IT IS SO ORDERED. Dated: October 14, 2020 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 The Court notes that Plaintiff’s Motion to Amend Complaint (Doc. No. 13) remains pending, and thus, the operative complaint for service on Defendants is Plaintiff’s initial Complaint (Doc. No. 1). 2 20-cv-00891-AJB-BLM

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