-SMS (PC) Dragusica v. Robles et al, No. 1:2011cv00363 - Document 17 (E.D. Cal. 2011)

Court Description: FINDINGS And RECOMMENDATIONS Recommending That Plaintiff's Motion For A Preliminary Injunction Be Denied (ECF No. 8 ), Objections Due Within Fifteen Days, signed by Magistrate Judge Sandra M. Snyder on 6/17/2011. F&R's referred to Judge Lawrence J. O'Neill; Objections to F&R due by 7/18/2011. (Fahrney, E)

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-SMS (PC) Dragusica v. Robles et al Doc. 17 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ROBERT FRANCIS DRAGUSICA, 10 11 Plaintiff, v. 12 FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION BE DENIED ROLANDO DIA ROBLES, et al., 13 CASE NO. 1:11-cv-00363-LJO-SMS PC Defendants. (ECF No. 8) / OBJECTIONS DUE WITHIN FIFTEEN DAYS 14 15 Plaintiff Robert Francis Dragusica (“Plaintiff”) is a state prisoner proceeding pro se and in 16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint 17 in this action on March 3, 2011, alleging that he is being denied medical care for his serious medical 18 condition in violation of the Eighth Amendment. (ECF No. 1.) On March 17, 2011, Plaintiff filed 19 a motion for preferred legal status at the law library. (ECF No. 8.) 20 Plaintiff is requesting the Court order North Kern State Prison to supply him with legal 21 research materials, legal copies, legal supplies, and access to the prisoner’s Lexus Database no less 22 than one hour per week. (Motion for Preferred Legal User and Legal Materials 2:7-23, ECF No. 8.) 23 The Prison Litigation Reform Act places limitations on injunctive relief. Section 3626(a)(1)(A) 24 provides in relevant part, “[p]rospective relief in any civil action with respect to prison conditions 25 shall extend no further than necessary to correct the violation of the Federal right of a particular 26 plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court 27 finds that such relief is narrowly drawn, extends no further than necessary to correct the violation 28 of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal 1 Dockets.Justia.com 1 right.” 18 U.S.C. § 3626(a)(1)(A). 2 Plaintiff’s complaint does not allege a claim based upon lack of access to the law library or 3 limited access to legal materials. In the absence of a viable claim based on the lack of access to the 4 law library or materials, Plaintiff may not seek an injunction mandating the law library allow him 5 access or legal supplies.1 18 U.S.C. § 3626(a)(1)(A); Summers v. Earth Island Institute, 129 S. Ct. 6 1142, 1149-50 (2009) (citation omitted); Price v. City of Stockton, 390 F.3d 1105, 1112 (9th Cir. 7 2004). 8 9 Accordingly, it is HEREBY RECOMMENDED that Plaintiff’s motion for a court order granting him preferred legal status, filed March 17, 2011, should be denied. 10 These findings and recommendations will be submitted to the United States District Judge 11 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fifteen (15) 12 days after being served with these findings and recommendations, Plaintiff may file written 13 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 14 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 15 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 16 1153 (9th Cir. 1991). 17 18 IT IS SO ORDERED. 19 Dated: icido3 June 17, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 1 28 In addition, CDCR itself is immune from suit. Aholelei v. Dept. of Public Safety, 488 F.3d 1144, 1147 (9th Cir. 2007). 2

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