(PC) Turner v. Brown et al, No. 1:2018cv01574 - Document 13 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS recommending that Plaintiff's Request for preliminary injunctive relief be denied 9 signed by Magistrate Judge Gary S. Austin on 11/29/2018. Referred to Judge Dale A. Drozd; Objections to F&R due by 12/17/2018. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT PLAINTIFF’S REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF BE DENIED (ECF No. 9.) Plaintiff, 13 14 1:18-cv-01574- DAD-GSA-PC ANTHONY R. TURNER, v. EDMUND G. BROWN, JR., et al., 15 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS Defendants. 16 17 18 I. BACKGROUND 19 Anthony Turner (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with 20 this civil rights case pursuant to 28 U.S.C. § 1983. Plaintiff filed the Complaint commencing this 21 action on October 12, 2018 at the United States District Court for the Northern District of 22 California. (ECF No. 1.) On November 13, 2018, Plaintiff’s case was transferred to this court. 23 (ECF No. 7.) On November 19, 2018, Plaintiff filed a document titled “Notice and Request for Order, 24 25 which the court construes as a motion for preliminary injunctive relief. (ECF No. 9.) 26 II. PRELIMINARY INJUNCTIVE RELIEF 27 AA plaintiff seeking a preliminary injunction must establish that he is likely to succeed on 28 the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the 1 1 balance of equities tips in his favor, and that an injunction is in the public interest.@ Id. at 374 2 (citations omitted). An injunction may only be awarded upon a clear showing that the plaintiff is 3 entitled to relief. Id. at 376 (citation omitted) (emphasis added). 4 Federal courts are courts of limited jurisdiction and in considering a request for 5 preliminary injunctive relief, the Court is bound by the requirement that as a preliminary matter, it 6 have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 7 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church 8 and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the Court does not have an 9 actual case or controversy before it, it has no power to hear the matter in question. Id. 10 Analysis 11 Plaintiff seeks an order compelling prison officials at Corcoran State Prison, where he is 12 currently incarcerated, to provide him with access to the law library, legal copies, research 13 materials, envelopes, updated forms, and an education program. The court lacks jurisdiction to 14 issue such an order because the order would not remedy any of the claims upon which this case 15 proceeds. This case was filed against defendants employed at Kern Valley State Prison in 16 Delano, California, when Plaintiff was incarcerated there, based on events occurring before 17 Plaintiff filed this case on October 12, 2018. Plaintiff now requests a court order compelling 18 officers at Corcoran State Prison in Corcoran, California, to act. Because such an order would not 19 remedy any of the claims in this case, the court lacks jurisdiction to issue the order sought by 20 Plaintiff, and Plaintiff=s motion should be denied. 21 Corcoran State Prison are not a part of this action, the Court lacks jurisdiction over them. 22 III. 23 24 In addition, because prison officials at CONCLUSION AND RECOMMENDATIONS Based on the foregoing, IT IS HEREBY RECOMMENDED that Plaintiff’s motion for preliminary injunctive relief, filed on November 19, 2018, be DENIED for lack of jurisdiction. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 27 (14) days after the date of service of these findings and recommendations, Plaintiff may file 28 written objections with the court. Such a document should be captioned "Objections to 2 1 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 2 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 3 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 4 (9th Cir. 1991)). 5 6 7 IT IS SO ORDERED. Dated: November 29, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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