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Wilson v. Tilton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 30, 2010

DAVID WILSON, PLAINTIFF,
v.
JAMES TILTON, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action filed pursuant to 42 U.S.C. § 1983. On May 20, 2010, plaintiff filed a motion for a protective order.*fn1 Therein, plaintiff seeks an injunction requiring prison officials at R.J. Donovan Correctional Facility to house him in a single cell. Plaintiff explains that without medication and psychotherapy, housing him with a cellmate places him and others in imminent danger of serious physical harm. (See Mot. at 1-12.)

A court is unable to issue an injunction against individuals who are not parties to the suit pending before it. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969); see also Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985) ("A federal court may issue an injunction if it has personal jurisdiction over the parties and [has] subject matter jurisdiction over the claim; [however,] it may not attempt to determine the rights of persons not before the court."). Here, plaintiff seeks an injunction against prison officials at R.J. Donovan Correctional Facility. However, those prison officials are not parties before this court. Rather, plaintiff's complaint in this action states First Amendment retaliation and an Eighth Amendment inadequate medical care claims against defendants employed at the California Medical Facility in Vacaville, California. (See Doc. No. 23.) Accordingly, plaintiff's motion will be denied.

In accordance with the above, IT IS HEREBY ORDERED that plaintiff's May 20, 2010 motion for a protective order (Doc. No. 40) is denied.


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