United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF'S
MOTION FOR INJUNCTIVE RELIEF (ECF NO. 52)
Dallas J. Myers is a state prisoner appearing pro se and in
forma pauperis in this civil rights action pursuant to 42
U.S.C. § 1983.
14, 2017, the parties stipulated to a voluntary dismissal of
this action, and thus this matter was terminated and
dismissed with prejudice. Fed.R.Civ.P. 41(a)(1)(A)(ii);
Wilson v. City of San Jose, 111 F.3d 688, 692 (9th
30, 2017, Plaintiff filed a motion seeking an order requiring
prison officials at Mule Creek State Prison to give him back
his legal property immediately. Plaintiff states that when he
was returned to the institution from Court and was told it
could take up to 30 days for him to receive all of his
property. Plaintiff seeks an order directing that he receive
all of his property immediately. The Court construes
Plaintiff's request as a motion seeking preliminary
injunctive relief. ///
preliminary injunction is an extraordinary remedy never
awarded as of right.” Winter v. Natural Resources
Defense Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365,
376, 172 L.Ed.2d 249 (2008) (citation omitted). “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.”
Id. at 20 (citations omitted). An injunction may
only be awarded upon a clear showing that the plaintiff is
entitled to relief. Id. at 22 (citation omitted)
threshold matter, Plaintiff must establish that he has
standing to seek preliminary injunctive relief. Summers
v. Earth Island Institute, 555 U.S. 488, 493, 129 S.Ct.
1142, 1149, 173 L.Ed.2d 1 (2009) (citation omitted);
Mayfield v. United States, 599 F.3d 964, 969 (9th
Cir. 2010). Plaintiff “must 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
(citation omitted); Mayfield, 599 F.3d at 969.
matter concerned Plaintiff's claims regarding allegations
of past uses of excessive force and unconstitutional
conditions of confinement at California State Prison,
Corcoran, against Correctional Officers J. Gonzales and H.
Flores. Those claims have now been voluntarily dismissed with
prejudice by stipulation, and this matter is closed.
pendency of this action does not give Plaintiff standing to
seek any court orders directed at remedying his current
conditions of confinement at Mule Creek State Prison, against
prison officials who are not a party to this action.
Summers, 555 U.S. at 493 (citation omitted);
Mayfield, 599 F.3d at 969. The Court's
jurisdiction is limited to the adjudication of
Plaintiff's Eighth Amendment claims arising from prior
events at California State Prison, Corcoran. Nor can this
Court issue an order against individuals who are not parties
to a suit pending before it. See Zenith Radio Corp. v.
Hazeltine Research, Inc., 395 U.S. 100, 112 (1969).
has also failed to allege or demonstrate “actual
injury” by the alleged misconduct by prison officials.
Plaintiff asserts that his legal property is required because
he has ongoing litigation. It is unclear what this litigation
entails, whether Plaintiff has any pending deadlines, or
whether he can receive any extension on those deadlines based
on the need for some additional time to receive his legal
property due to his transfer. Thus, Plaintiff has failed to
demonstrate that in the absence of preliminary injunctive
relief he is likely to suffer actual injury in prosecuting
his case. “Speculative injury does not constitute
irreparable injury sufficient to warrant granting a
preliminary injunction.” Caribbean Marine Servs.
Co. v. Baldridge, 844 F.2d 668, 674 (9th Cir. 1988)