United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS REGARDING
PLAINTIFF'S THIRD MOTION FOR EXTENSION OF TIME AND
REQUEST FOR PRELIMINARY INJUNCTION (ECF No. 31)
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE.
Derrick Jesus Oden (“Plaintiff”) is a state
prisoner proceeding pro se and in forma pauperis in this
civil rights action under 42 U.S.C. § 1983. Plaintiff is
currently housed at California State Prison, Sacramento
(“CSP - Sacramento”).
23, 2017, the Court screened Plaintiff's third amended
complaint and issued findings and recommendations
recommending that: (1) Plaintiff's claims against
defendants at California State Prison, Lancaster be severed
and transferred to the Central District of California; (2)
this action proceed on Plaintiff's claim against
Defendants J. Acebedo, S. Swaim, and R. Thomas for deliberate
indifference in violation of the Eighth Amendment; and (3)
all other claims and defendants be dismissed from this
action. (ECF No. 26.) Those findings and recommendations were
served on Plaintiff and contained notice that any objections
thereto were to be filed within fourteen (14) days after
5, 2017, Plaintiff filed a notice of change of address and
motion for extension of time to file objections. (ECF No.
27.) The Court issued an order granting Plaintiff's
motion, extending the deadline to July 12, 2017. (ECF No.
28.) On June 29, 2017, Plaintiff filed a declaration, which
the Court construed as a second motion for extension of time.
(ECF No. 29.) The Court granted the motion on July 6, 2017.
(ECF No. 30.)
10, 2017, a letter to the Clerk of the Court dated July 3,
2017 was docketed as a third motion for extension of time to
file objections to the Court's findings and
recommendations. Plaintiff states that he is still awaiting
access to his legal property, and suggests that a call to the
prison may assist him, as he has already attempted to write
to the property officers of C-Yard, B-Yard, the warden, and
has filed Inmate Complaint forms. (ECF No. 31.)
Plaintiff's request appears to have crossed in the mail
with the Court's order of July 6, 2017.
extent Plaintiff requests that the Clerk of the Court contact
prison officials at CSP - Sacramento regarding his legal
property, the Court construes this request as a motion for a
federal court may issue an injunction 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. U.S.
Immig. & Naturalization Serv., 753 F.2d 719, 727
(9th Cir. 1983). In this case, the Court has screened
Plaintiff's complaint, found that he stated cognizable
claims against Defendants J. Acebedo, S. Swaim, and R. Thomas
for deliberate indifference in violation of the Eighth
Amendment, and recommended that this action proceed on those
claims. (ECF No. 26.) Those findings and recommendations are
unresolved, pending the submission of Plaintiff's
objections and consideration by the assigned District Judge.
No defendants have been ordered served, and no defendants
have yet made an appearance.
seeks relief against prison officials who are not parties to
this action. Federal Rule of Civil Procedure 65(d)(2) states
that an order granting preliminary injunctive relief only
binds the parties, the parties' officers, agents,
servants, employees, and attorneys, and other persons who are
in active concert or participation with the aforementioned
persons. There is no suggestion that the property officers or
warden at CSP - Sacramento are officers, agents, servants,
employees, or attorneys for any of the defendants in this
action, and there is no evidence or allegation that these
persons are acting in concert with any defendant.
Accordingly, the Court has no authority to issue an order
directing the prison officials at CSP - Sacramento to return
Plaintiff's legal property to him.
on the foregoing, it is HEREBY RECOMMENDED that:
Plaintiff's third request for an extension of time (ECF
No. 31) be DENIED as moot; and
Plaintiff's request for the Clerk of the Court to contact
prison officials at CSP - Sacramento (ECF No. 31) be DENIED.
Findings and Recommendations will be submitted to the United
States District Judge assigned to the case, pursuant to the
provisions of Title 28 U.S.C. § 636(b)(1). Within
fourteen (14) days after being served with
these Findings and Recommendations, Plaintiff may file
written objections with the Court. The document should be
captioned “Objections to Magistrate Judge's
Findings and Recommendation.” Plaintiff is advised that
failure to file objections within the specified time may
result in the waiver of the “right to challenge the