United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. This action is set for jury trial before the Honorable Troy L. Nunley on September 28, 2015. This action is proceeding to trial on plaintiff's claim that on February 2, 2011, while housed at High Desert State Prison ("HDSP"), defendants Raynor and Hasty used excessive force in violation of the Eighth Amendment when they sprayed O.C. spray into plaintiff's cell during a cell search.
Pending before the court is plaintiff's May 11, 2015 motion for federal protection. (ECF No. 131.) For the following reasons, the undersigned recommends that this motion be denied.
Plaintiff's Pending Motion
On May 11, 2015, plaintiff filed the pending motion. At that time, plaintiff was housed at California State Prison-Lancaster ("Lancaster"). In this motion, plaintiff alleged that correctional officers at Lancaster told him that he was to be transferred to Pelican Bay State Prison ("PBSP"). The officers allegedly told plaintiff that the "move came from Sacramento, you pissed somebody off." Plaintiff claimed that he told the officers that he had a jury trial in Sacramento in September. In response, the officers allegedly said, "There it is... watch your back Craver, they're waiting for you."
On May 27, 2015, plaintiff filed a notice of change of address and status report. (ECF No. 133.) In this pleading, plaintiff stated that he was now housed at PBSP. Plaintiff also stated that he was sent to PBSP in order to receive the E.O.P mental health level of care. Plaintiff alleged that he was discharged from a PBSP crisis bed on May 18, 2015, and immediately informed prison officials that his life was in danger. After his release from the crisis bed, plaintiff alleged that he was reclassified to the CCCMS level of care, which allowed custody staff to place plaintiff on the "A" yard, which is known as the "war zone." Plaintiff alleged that the psychologist changed his mental health status without examining him.
In the May 27, 2015 pleading, plaintiff goes on to state that he is in fear of an ambush. Plaintiff alleges that because he is back in the general population, "they" can persuade the active gangbang inmates to attack him. Plaintiff alleges that he is now under severe stress. Plaintiff states that he will not let these people kill him. Plaintiff states that he will kill himself before "these people" kill him. Plaintiff states that he will hang himself rather than be housed at PBSP waiting to be attacked.
No defendants are located at PBSP. Usually persons or entities not a party to an action are not subject to orders for injunctive relief. Zenith Radio Corp. v. Hazaletine Research, Inc., 395 U.S. 100 (1969). However, the fact that one is not a party does not automatically preclude the court from acting. The All Writs Act, 28 U.S.C. § 1651, permits the court to issue writs "necessary or appropriate in aid of their jurisdiction and agreeable to the usages and principles of law." See generally S.E.C. v. G.C. George Securities, Inc., 637 F.2d 685 (9th Cir. 1981); United States v. New York Telephone, 434 U.S. 159 (1977). This section does not grant the court plenary power to act in any way it wishes; rather, the All Writs Act is meant to aid the court in the exercise and preservation of its jurisdiction. Plum Creek Lumber Co. v. Hutton, 608 F.2d 1283, 1289 (9th Cir. 1979.)
On May 29, 2015, the undersigned directed the PBSP Warden to file a status report addressing plaintiff's mental health classification, whether plaintiff was appropriately housed in the general population and plaintiff's safety concerns. (ECF No. 134.)
On June 5, 2015, the Warden filed a status report. (ECF No. 136.) Attached to the status report is the declaration of Dr. Limon, Senior Psychologist at PBSP. (ECF No. 136-1.) Dr. Limon states, in relevant part,
2. I am one of seven mental health clinicians, including a psychiatrist, who have been working with Inmate ...