The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DENYING PLAINTIFF'S MOTION FOR PRIORITY LEGAL STATUS (DOC. 46)
ORDER DENYING PLAINTIFF'S MOTION FOR ACCESS TO MAKE COPIES (DOC. 50)
ORDER DISREGARDING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO ORDER (DOC. 57) ORDER GRANTING PARTIES' MOTIONS FOR MODIFICATION OF SCHEDULING ORDER (DOCS. 51, 52)
Discovery Cut-Off Date: August 15, 2011
Dispositive Motion Deadline: October 21, 2011
Plaintiff William Nible ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's second amended complaint against Defendant E. Flores for violation of the First Amendment.
On February 2, 2011, Plaintiff filed a motion requesting priority legal status. Doc. 46. On April 29, 2011, Plaintiff filed a motion seeking access to copy legal documents. Doc. 50. On May 9, 2011, Plaintiff filed a motion seeking modification of the discovery and scheduling order. Doc. 51. On May 13, 2011, Defendant filed his own motion to modify the discovery and scheduling order. Doc. 52. On July 11, 2011, Plaintiff filed a motion for extension of time to file a response to the undersigned's June 1, 2011 order.
I. Plaintiff's February 2, 2011 Motion
Plaintiff moved for the Court to order that Plaintiff be placed on priority legal status. Doc. 46. However, Plaintiff has since stated to the Court that he has priority legal status. Pl.'s Reply 6, Doc. 55. Accordingly, Plaintiff's motion, filed February 2, 2011, is DENIED as moot.
II. Plaintiff's April 29, 2011 Motion
Plaintiff moves for access to make copies at the prison law library in response to Defendants' discovery requests. Pl.'s Mot., Doc. 50. Defendant contends that Plaintiff has access to the law library, and thus has no access to the courts issue. Def.'s Opp'n, Doc. 53. Plaintiff contends that in order to respond to Defendants' discovery request, namely Interrogatory No. 8, Plaintiff must be allowed to copy 192 pages of documents. Pl.'s Reply, Doc. 55.
Plaintiff in effect seeks a preliminary injunction, requiring the law librarian and warden to make copies of Plaintiff's requested documents. "A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Winter v. Natural Resources Defense Council, Inc., 129 S. Ct. 365, 374 (2008) (citations omitted). The purpose of preliminary injunctive relief is to preserve the status quo or to prevent irreparable injury pending the resolution of the underlying claim. Sierra On-line, Inc. v. Phoenix Software, Inc., 739 F.2d 1415, 1422 (9th Cir. 1984).
Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S. Ct. 752, 757-58 (1982). If the court does not have an actual case or controversy before it, it has no power to hear the matter in question. Lyons, 461 U.S. at 102. Thus, "[a] federal court may issue an injunction [only] if it has personal jurisdiction over the parties and subject matter jurisdiction over the claim; it may not attempt to determine the rights of persons not before the court." Zepeda v. United States Immigration Serv., 753 F.2d 719, 727 (9th Cir. 1985). Here, the Court lacks jurisdiction over the law librarian at Kern Valley State Prison, as he is not a Defendant in this action.
The Court has examined the record in this action. Defendant has since filed a motion to compel Plaintiff to respond to his interrogatories. Doc. 56. While the Court is not adjudicating Defendant's motion to compel with this order, Defendant's motion is ...