Lawson v. Washington State Department of Corrections DOC et al

Filing 27

ORDER DENYING 24 25 MOTIONS. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)**3 PAGES, PRINT ALL**(Geoffrey Lawson, Prisoner ID: 334928)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Oct 17, 2017

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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GEOFFREY ROBERT LAWSON,
SR.,

No. 2:16-CV-00361-SMJ

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Plaintiff/s,

ORDER DENYING MOTIONS

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v.
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DAN PACHOLKE, ELDON VAIL,
ISRAEL ROY GONZALES,
BRANDON WELLS, MARTHA
HAYES, TAMARA AVERY, LORI
WONDERS, JOHN DOE 1-10, PAUL
BARKER, BONNIE LONGINO, H.
FERNANDEZ, LT. D. BUSS, LT. M.
MARRY, CC2 JORDAN, BERNARD
WARNER, RACHEL SHOOK and
TRACY STUENKEL,
Defendants.

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BEFORE THE COURT are Plaintiff’s Motion for Extension of Time, ECF

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No. 24, and his Renewed Emergency Motion for Preliminary Injunction, ECF No.

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25. Plaintiff, a prisoner at the Airway Heights Corrections Center, is proceeding

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pro se and in forma pauperis. By separate Order, the Court has directed Plaintiff’s

ORDER DENYING MOTIONS -- 1

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First Amended Complaint, ECF No. 26, received on September 6, 2017 and dated

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August 30, 2017, be served on Defendants.

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Plaintiff’s motions were received after the dates on which he requested they

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be noted for hearing. They were noted for hearing on October 6, 2017, and

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considered without oral argument on the date signed below. Because the Court had

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accepted Plaintiff’s First Amended Complaint, ECF No. 26, and found it sufficient

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to require a response from Defendants, Plaintiff’s request for an extension of time

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to file it is now moot.

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Plaintiff seeks to renew an emergency motion for injunctive relief. The

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present lawsuit concerns Plaintiff’s access to the courts to challenge his criminal

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conviction and the conditions of his confinement.

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concerns newly discovered issues food and water contamination and a requested

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soy-free diet. The Court notes Plaintiff’s request for a soy-free Kosher diet has

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already been litigated in a separate action, Lawson v. Carney, et. al., 2:15-CV-0184-

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RMP, which is now on appeal before the Ninth Circuit Court of Appeals.

The substance of his motion

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“A court’s equitable power lies only over the merits of the case or controversy

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before it. When a plaintiff seeks injunctive relief based on claims not pled in the

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complaint, the court does not have the authority to issue an injunction.” Pacific

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Radiation Oncology, LLC v. Queen’s Med. Ctr., 810 F.3d 631, 633 (9th Cir. 2015).

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Therefore, this Court is without authority to enjoin the conduct Plaintiff describes

ORDER DENYING MOTIONS -- 2

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in his motion. If Plaintiff wishes to challenge the conditions of his confinement and

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has not already done so, he may file a new and separate action.

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Accordingly, IT IS HEREBY ORDERED:

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moot.

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Plaintiff’s Motion for Extension of Time, ECF No. 24, is DENIED as

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Plaintiff’s Renewed Emergency Motion for Preliminary Injunction

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Based on Imminent Risk to Lawson’s Health and Safety Due to

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Defendants’ Continued Denial of Lawson’s Access to the Courts, ECF

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No. 25, is DENIED.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide a copy to Plaintiff.
DATED this 17th day of October 2017.
__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DENYING MOTIONS -- 3