Malone v. Gonzalez et al
Filing
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ORDER Denying Plaintiff's 9 Motion for Injunctive Relief signed by Magistrate Judge Dennis L. Beck on 11/07/2011. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DE SHAWN MALONE,
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CASE NO. 1:11-CV-0697-DLB PC
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION
FOR INJUNCTIVE RELIEF
v.
(DOC. 9)
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F. GONZALEZ, et al.,
Defendants.
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Plaintiff De Shawn Malone (“Plaintiff”) is a prisoner in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court
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is Plaintiff’s motion for injunctive relief filed September 6, 2011. Doc. 9.
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“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on
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the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the
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balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v.
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Natural Res. Def. Council, Inc., 129 S.Ct. 365, 374 (2008) (citations omitted). The purpose of
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preliminary injunctive relief is to preserve the status quo or to prevent irreparable injury pending
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the resolution of the underlying claim. Sierra On-line, Inc. v. Phoenix Software, Inc., 739 F.2d
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1415, 1422 (9th Cir. 1984). “A preliminary injunction is an extraordinary remedy never awarded
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as of right.” Winter, 129 S. Ct. at 376. An injunction may only be awarded upon a clear showing
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that the movant is entitled to relief. Id.
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Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court
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must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102
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(1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc.,
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454 U.S. 464, 471 (1982). If the court does not have an actual case or controversy before it, it
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has no power to hear the matter in question. Lyons, 461 U.S. at 102. Thus, “[a] federal court
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may issue an injunction [only] if it has personal jurisdiction over the parties and subject matter
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jurisdiction over the claim; it may not attempt to determine the rights of persons not before the
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court.” Zepeda v. United States Immigration Serv., 753 F.2d 719, 727 (9th Cir. 1985).
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Plaintiff moves for an order requiring Warden F. Gonzalez at High Desert State Prison to
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grant Plaintiff access to the law library for forms necessary to initiate a civil suit in state court.
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However, the Court concurrently has issued an order dismissing Plaintiff’s first amended
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complaint for failure to state a claim and granting him leave to amend. At this stage in the
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proceedings, Plaintiff has not stated any claims for relief which are cognizable under federal law.
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As a result, the Court has no jurisdiction to award any preliminary injunctive relief. Therefore,
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Plaintiff’s motion for preliminary injunction is DENIED.
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IT IS SO ORDERED.
Dated:
3b142a
November 7, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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