Dixon v. Hartley et al
Filing
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ORDER DENYING 10 Motion for TRO/Preliminary Injunction, signed by Magistrate Judge Sheila K. Oberto on 06/07/2011. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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REGINALD DIXON,
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CASE NO. 1:11-cv-00339-SKO PC
Plaintiff,
ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTION
v.
(Doc. 10)
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JAMES HARTLEY, et al.,
Defendants.
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Plaintiff Reginald Dixon, a state prisoner proceeding pro se and in forma pauperis, filed this
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civil rights action pursuant to 42 U.S.C. § 1983 on February 28, 2011. On May 26, 2011, Plaintiff
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filed a motion seeking a preliminary injunction requiring prison officials to provide him with
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adequate medical care.
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As a threshold matter, Plaintiff must establish that he has standing to seek preliminary
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injunctive relief. Summers v. Earth Island Institute, 555 U.S. 488, ___, 129 S.Ct. 1142, 1149 (2009)
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(citation omitted); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010) (citation omitted).
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Plaintiff “must show that he is under threat of suffering an ‘injury in fact’ that is concrete and
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particularized; the threat must be actual and imminent, not conjectural or hypothetical; it must be
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fairly traceable to challenged conduct of the defendant; and it must be likely that a favorable judicial
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decision will prevent or redress the injury.” Summers, 129 S.Ct. at 1149 (citation omitted);
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Mayfield, 599 F.3d at 969.
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The medical care claims set forth in Plaintiff’s complaint arise from events which occurred
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at Avenal State Prison in 2009 and 2010. In addition to the fact that Plaintiff’s claims arise from past
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events, Plaintiff is no longer incarcerated at Avenal State Prison. Accordingly, Plaintiff lacks
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standing to seek relief directed at remedying his current conditions of confinement at the California
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Men’s Colony-West in San Luis Obispo and his motion for a preliminary injunction is HEREBY
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DENIED.
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IT IS SO ORDERED.
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Dated:
ie14hj
June 7, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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