(PC) Wolinski v. Junious et al, No. 1:2010cv02139 - Document 36 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS recommending Plaintiff's 35 Motion for Preliminary Injunction be Denied signed by Magistrate Judge Dennis L. Beck on 11/07/2011. Referred to Judge Ishii; Objections to F&R due by 11/28/2011. (Flores, E)

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(PC) Wolinski v. Junious et al Doc. 36 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KRZYSZTOF WOLINSKI, 10 11 12 CASE NO. 1:10-CV-02139-AWI-DLB PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION BE DENIED v. MAURICE JUNIOUS, et al., (DOC. 35) 13 Defendants. 14 OBJECTIONS DUE WITHIN FOURTEEN DAYS / 15 16 Plaintiff Krzysztof Wolinski (“Plaintiff”) is a prisoner in the custody of the California 17 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court 19 is Plaintiff’s motion for an order directing the warden of High Desert State Prison (HDSP) to 20 provide Plaintiff with access to the law library. Doc. 35. The Court construes this motion as one 21 for preliminary injunction. 22 “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed 23 on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that 24 the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. 25 Natural Resources Defense Council, Inc., 129 S. Ct. 365, 374 (2008) (citations omitted). The 26 purpose of preliminary injunctive relief is to preserve the status quo or to prevent irreparable 27 injury pending the resolution of the underlying claim. Sierra On-line, Inc. v. Phoenix Software, 28 Inc., 739 F.2d 1415, 1422 (9th Cir. 1984). 1 Dockets.Justia.com 1 Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court 2 must have before it an actual case or controversy. City of L.A. v. Lyons, 461 U.S. 95, 102 (1983); 3 Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 4 464, 471 (1982). If the court does not have an actual case or controversy before it, it has no 5 power to hear the matter in question. Lyons, 461 U.S. at 102. Thus, “[a] federal court may issue 6 an injunction [only] if it has personal jurisdiction over the parties and subject matter jurisdiction 7 over the claim; it may not attempt to determine the rights of persons not before the court.” 8 Zepeda v. United States Immigration Serv., 753 F.2d 719, 727 (9th Cir. 1985). 9 Here, Plaintiff seeks an order compelling the warden of HDSP to provide Plaintiff with 10 access to the law library or other materials. However, the warden of HDSP is not a party to this 11 action. Thus, the Court has no personal jurisdiction over the warden of HDSP. 12 13 14 Accordingly, it is HEREBY RECOMMENDED that Plaintiff’s motion for preliminary injunction, filed November 4, 2011, be denied. These Findings and Recommendations will be submitted to the United States District 15 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen 16 (14) days after being served with these Findings and Recommendations, Plaintiff may file 17 written objections with the Court. The document should be captioned “Objections to Magistrate 18 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 19 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 20 Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 21 22 IT IS SO ORDERED. Dated: 3b142a November 7, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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