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Armstrong v. Aguererralde

United States District Court, E.D. California

June 30, 2014

BRADY K. ARMSTRONG, Plaintiff,
v.
J. AGUERERRALDE, et al., Defendants.

FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF AND MOTION FOR RECONSIDERATION [ECF Nos. 35, 37]

STANLEY A. BOONE, Magistrate Judge.

Plaintiff Brady K. Armonstrong is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

On May 7, 2014, Plaintiff filed a motion requesting a court order for the return of all his personal and legal property after his release from prison on April 18, 2014.

On June 16, 2014, Plaintiff filed a motion entitled, in part, motion for reconsideration of his Americans with Disabilities condition.

This action is proceeding against Defendant J. Aguererralde only for retaliation in violation of the First Amendment. On April 8, 2014, the Court forwarded Plaintiff the necessary service of process documents for completion and return to the Court. Despite having received an extension of time, Plaintiff has not submitted the service of process documents.[1]

I.

DISCUSSION

A. May 7, 2014 Motion

In his May 7, 2014, motion Plaintiff contends that prison officials have withheld his legal and personal property after he paroled from the prison on April 18, 2014. Plaintiff seeks a court order directing the return of his property.

"[T]hose who seek to invoke the jurisdiction of the federal courts must satisfy the threshold requirement imposed by Article III of the Constitution by alleging an actual case or controversy." City of Los Angeles v. Lyons , 461 U.S. 95, 101 (1983) (citations omitted). "Abstract injury is not enough." Lyons , 461 U.S. at 101, 103 S.Ct. at 1665. For each form of relief sought in federal court, Plaintiff must establish standing. Summers v. Earth Island Institute , 555 U.S. 488, 493 (2009); Mayfield v. United States , 599 F.3d 964, 969 (9th Cir. 2010). This requires Plaintiff to show that he is under threat of suffering an injury in fact that is concrete and particularized; the threat must be actual and imminent, not conjectural or hypothetical; it must be fairly traceable to challenged conduct of the defendant; and it must be likely that a favorable judicial decision will prevent or redress the injury. Summers , 555 U.S. at 493 (quotation marks and citation omitted); Mayfield , 599 F.3d at 969.

Additionally, any award of equitable relief is governed by the Prison Litigation Reform Act, which provides in relevant part, "Prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right." 18 U.S.C. § 3626(a)(1)(A).

In this case, the Court's jurisdiction extends only over the parties to this action - Plaintiff and Correctional Officer J. Agurerralde - and Plaintiff's legal claim at issue. The Court lacks jurisdiction to issue orders remedying the present alleged interference withholding of Plaintiff's legal property and in no event may Plaintiff use this pending action as a springboard to obtain orders (1) directed at anyone other than Defendant Agurerralde or (2) remedying any issue broader than Plaintiff's cognizable legal claim(s).[2]

B. June 16, 2014

In his June 16, 2014, motion, although Plaintiff references reconsideration of his "ADA" conditions, the Court cannot determine which and/or what ...


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