(PC) Washington v. Adams et al, No. 1:2009cv00827 - Document 21 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS Recommending That Plaintiff's Motion for Injunctive Relief Be Denied; Objections Due in Thirty (30) Days, signed by Magistrate Judge Michael J. Seng on 2/14/11: 19 Prisoner Civil Rights Complaint filed by Toromi Washington, 20 MOTION for INJUNCTIVE RELIEF filed by Toromi Washington REFERRED to Judge Wanger. (Hellings, J)

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(PC) Washington v. Adams et al Doc. 21 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 TOROMI WASHINGTON, 8 9 10 CASE NO. Plaintiff, 1:09-cv-827-OWW-MJS (PC) FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION BE DENIED v. DERRELL G. ADAMS, et al., (ECF No. 20) 11 Defendants. OBJECTIONS DUE IN THIRTY DAYS 12 / 13 Plaintiff Toromi Washington (“Plaintiff”) is a state prisoner proceeding pro se and in 14 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 4, 15 2011, Plaintiff moved the Court to intervene to ensure that conditions at her current prison 16 in Arizona were properly maintained. (ECF No. 20.) The Court construes this as a motion 17 for injunctive relief. 18 Federal courts are courts of limited jurisdiction, and as a preliminary matter, the 19 Court must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 20 U.S. 95, 102 (1983); Jones v. City of Los Angeles, 444 F.3d 1118, 1126 (9th Cir. 2006). 21 If the Court does not have an actual case or controversy before it, it has no power to hear 22 the matter in question. Id. 23 Plaintiff’s complaint in this action alleges that she was improperly transferred to a 24 prison facility in Arizona. The Defendants are California Department of Correction 25 employees who were involved in the transfer (or who failed to prevent the transfer). (ECF 26 No. 19.) Inasmuch as any order relating to the conditions of Plaintiff’s current confinement 27 in the Arizona facility would not relate to the claim upon which her action proceeds, the 28 Dockets.Justia.com 1 Court lacks jurisdiction to issue the order sought by Plaintiff. 2 Moreover, the Court has no jurisdiction to issue an order against individuals or 3 entities that are not parties to this litigation. Zenith Radio Corp. v. Hazeltine Research, 4 Inc., 395 U.S. 100, 110 (1969). The parties against whom Plaintiff seeks the injunction are 5 not named Defendants in this action. 6 7 The Court therefore recommends that Plaintiff’s Motion for Injunctive Relief be denied. 8 (To the extent that Plaintiff’s Motion might be read as a motion to amend her 9 complaint to add allegations related to the conditions of confinement at the Arizona facility, 10 that too would be denied. Federal Rule of Civil Procedure 18 prohibits bringing unrelated 11 claims against separate defendants in the same action. Plaintiff’s complaints regarding the 12 conditions of her current confinement are unrelated to the issue of the propriety of her 13 transfer to that facility.) 14 These Findings and Recommendations are submitted to the United States District 15 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). 16 Within thirty (30) days after being served with these findings and recommendations, the 17 Plaintiff may file written objections with the Court. Any such document should be captioned 18 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised 19 that failure to file objections within the specified time may waive the right to appeal the 20 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 21 22 23 24 IT IS SO ORDERED. 25 Dated: ci4d6 February 14, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 -2-

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