(PC) Davis v. High Desert State Prison et al, No. 2:2011cv02296 - Document 95 (E.D. Cal. 2017)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 3/1/2017 GRANTING plaintiff an additional 20 days to file objections to the 1/23/2017 findings and recommendations. IT IS RECOMMENDED that plaintiff's 94 motion for injunction be denied. Motion referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
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(PC) Davis v. High Desert State Prison et al Doc. 95 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRENCE L. DAVIS, 12 Plaintiff, 13 14 No. CIV S-11-2296-GEB-CMK-P vs. FINDINGS AND RECOMMENDATION HIGH DESERT STATE PRISON, et al., 15 Defendants. 16 / 17 18 19 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for injunction (Doc. 94). 20 Plaintiff appears to be concerned about his property, all of which was not 21 transferred with him upon his most recent transfer. This includes plaintiff’s personal property as 22 well as his legal property. The individuals identified in his motion, however, are not parties to 23 this action. 24 To the extent plaintiff’s motion is a request for injunctive relief against 25 individuals who are not named as defendants in this action, this court is unable to issue an order 26 against individuals who are not parties to a suit pending before it. See Zenith Radio Corp. v. 1 Dockets.Justia.com 1 Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). The request must, therefore, be denied. 2 However, to the extent plaintiff is requesting additional time to file objections to the pending 3 findings and recommendations, he will be allowed one extension of time. Plaintiff is cautioned, 4 however, that the court is not inclined to grant multiple extensions of time. If plaintiff intends to 5 file objections to the pending findings and recommendation, he must do so within the time 6 provided herein. 7 8 9 10 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted an additional 20 days in which to file objections to the pending findings and recommendations. In addition, based on the foregoing, the undersigned recommends that plaintiff’s motion for injunction (Doc. 94) be denied. 11 These findings and recommendations are submitted to the United States District 12 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 13 after being served with these findings and recommendations, any party may file written 14 objections with the court. Responses to objections shall be filed within 14 days after service of 15 objections. Failure to file objections within the specified time may waive the right to appeal. 16 See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 17 18 19 20 DATED: March 1, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 2
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