(PC) Martin v. Vasquez et al, No. 1:2009cv01081 - Document 13 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS Recommending Plaintiff's Request for Injunctive Relief be DENIED Without Prejudice re 5 ; Objections, if any, due Within 30 Days signed by Magistrate Judge Dennis L. Beck on 11/2/2009. Referred to Judge Oliver W. Wanger. Objections to F&R due by 12/7/2009. (Bradley, A)

Download PDF
(PC) Martin v. Vasquez et al Doc. 13 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 LANCE R. MARTIN, 9 10 11 Case No. 1:09-cv-01081-OWW-DLB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF’S REQUEST FOR INJUNCTIVE RELIEF BE DENIED WITHOUT PREJUDICE L. M. VASQUEZ, et al., (Doc. 5) 12 Defendants. OBJECTIONS, IF ANY, DUE WITHIN 30 / DAYS 13 14 15 Plaintiff Lance R. Martin (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On July 6, 2009, Plaintiff filed an 17 unnamed motion with the Court. (Doc. 5.) Plaintiff accuses several correctional officers of 18 poisoning his food in retaliation for Plaintiff filing civil suits against prison staff. Plaintiff requests 19 relief from this Court, by either transfer or federal protection. The Court interprets Plaintiff’s 20 motion as a request for preliminary injunction. 21 “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on 22 the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the 23 balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. 24 Natural Resources Defense Council, Inc., 129 S. Ct. 365, 374 (2008) (citations omitted). 25 Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court 26 must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 27 102, 103 S. Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation 28 of Church and State, Inc., 454 U.S. 464, 471, 102 S. Ct. 752, 757-58 (1982); Jones v. City of 1 Dockets.Justia.com 1 Los Angeles, 444 F.3d 1118, 1126 (9th Cir. 2006). If the court does not have an actual case or 2 controversy before it, it has no power to hear the matter in question. Id. Thus, “[a] federal court 3 may issue an injunction [only] if it has personal jurisdiction over the parties and subject matter 4 jurisdiction over the claim; it may not attempt to determine the rights of persons not before the 5 court.” Zepeda v. United States Immigration Serv., 753 F.2d 719, 727 (9th Cir. 1985). 6 The correctional officers named in Plaintiff’s motion are not parties to this action. The 7 Court lacks jurisdiction to issue an injunction against them because they are not before the Court. 8 Furthermore, Plaintiff has been transferred to another prison, which appears to render Plaintiff’s 9 concerns moot. Accordingly, the Court HEREBY RECOMMENDS that Plaintiff’s request for 10 injunctive relief, filed on July 6, 2009, should be denied without prejudice. 11 These Findings and Recommendations will be submitted to the United States District 12 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 13 thirty (30) days after being served with these Findings and Recommendations, plaintiff may file 14 written objections with the court. The document should be captioned “Objections to Magistrate 15 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 16 the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 17 F.2d 1153 (9th Cir. 1991). 18 19 20 IT IS SO ORDERED. Dated: 3b142a November 2, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.