Villegas v. Schulteis et al
Filing
80
ORDER DENYING Plaintiff's Motions for Injunctive Relief OR a Temporary Restraining Order and Appointment of Counsel 69 , signed by Chief Judge Anthony W. Ishii on 6/20/11. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SANTOS A. VILLEGAS,
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1:09-cv-00493-AWI-SMS PC
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTIONS
FOR INJUNCTIVE RELIEF OR A TEMPORARY
RESTRAINING ORDER AND APPOINTMENT
OF COUNSEL
v.
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L. L. SCHULTEIS, et. al.,
(ECF No. 69)
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Defendants.
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/
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Santos A. Villegas (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action is proceeding on the first
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amended complaint filed on August 24, 2009, against Defendants Rodriguez, Zucker, Soto,
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Martinez, Knight, Schulteiss, and Carrasco. On February 7, 2011, the Magistrate Judge issued
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findings and recommendations recommending that Plaintiff’s motions for injunctive relief be denied.
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Plaintiff filed objections to the findings and recommendations on February 18, 2011, which included
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a renewed motion for injunctive relief or a temporary restraining order and a motion for appointment
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of counsel.
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In his objections, Plaintiff states that he is in fear for his life because officers are attempting
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to provoke him. He states that if a correctional officer alleges Plaintiff has assaulted the officer,
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Plaintiff will be facing new charges. (Objections p. 2, ECF No. 69.) Plaintiff alleges that on
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February 11, 2011, several days after Defendant Martinez and Plaintiff had a confrontation over this
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lawsuit, an officer was escorting him back from legal and slammed Plaintiff down to the floor.
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When Plaintiff asked why, the officer told Plaintiff he should not be trying to pull away from him.
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(Id., p. 1.) On the same date Plaintiff alleges that an officer in the mailroom “deliberately and
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maliciously destroyed his artwork, by stamping it with red ink.” (Id., p. 2.)
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The Prison Litigation Reform Act places limitations on injunctive relief.
Section
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3626(a)(1)(A) provides in relevant part, “Prospective relief in any civil action with respect to prison
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conditions shall extend no further than necessary to correct the violation of the Federal right of a
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particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless
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the court finds that such relief is narrowly drawn, extends no further than necessary to correct the
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violation of the Federal right, and is the least intrusive means necessary to correct the violation of
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the Federal right.” 18 U.S.C. § 3626(a)(1)(A).
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Initially, as stated in the findings and recommendations, Plaintiff may not obtain a
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preliminary injunction based on a conjectural or hypothetical threat of future harm. (Findings and
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Recommendations 2:15-16, ECF No. 67.) The pendency of this action does not give the court
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jurisdiction over prison officials in general or over Plaintiff’s property issues. Summers v. Earth
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Island Institute, 129 S. Ct. 1142, 1148-49 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th
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Cir. 2010). The incidents alleged in the objections to findings and recommendations are not related
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to the pending action and do not involve these defendants. The court’s jurisdiction is limited to the
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parties in this action and to the viable legal claims upon which this action is proceeding. Summers,
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129 S. Ct. at 1148-49; Mayfield, 599 F.3d at 969. Therefore Plaintiff’s requests for preliminary
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injunctive relief or a temporary restraining order must be denied.
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Plaintiff has requested the appointment of counsel. The United States Supreme Court has
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ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983
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cases. Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298
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(1989). In certain exceptional circumstances, the court may request the voluntary assistance of
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counsel pursuant to 28 U.S.C. § 1915(e)(1). Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997).
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Without a reasonable method of securing and compensating counsel, this court will seek volunteer
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counsel only in the most serious and exceptional cases.
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In the present case, the court does not find the required exceptional circumstances. See Rand,
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113 F.3d at 1525. Even if it is assumed that Plaintiff is not well versed in the law and that he has
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made serious allegations which, if proved, would entitle him to relief, his case is not exceptional.
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This court is faced with similar cases almost daily. Therefore, Plaintiff's request for the appointment
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of counsel shall be denied.
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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff’s motion for injunctive relief filed February 18, 2011, is DENIED; and
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Plaintiff’s motion for appointment of counsel filed April18, 2011, is DENIED.
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IT IS SO ORDERED.
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Dated:
0m8i78
June 20, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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