Arias-Luna 246085 v. Shinn ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Clemente Arias-Luna, No. CV-20-00538-PHX-DLR (ESW) 10 Petitioner, ORDER 11 v. 12 David Shinn, et al., 13 Respondents. 14 15 Pending before the Court is the Report and Recommendation (“R&R”) of 16 Magistrate Judge Eileen S. Willett (Doc. 48) regarding Petitioner’s August 6, 2021 17 “Motion for Injunctive Relief” (Doc. 44). Also pending before the Court, and filed after 18 the R&R was submitted, are a Motion for Leave to File Brief of Amicus Curiae (Doc. 53) 19 and Petitioner’s Motion for Jury Trial (Doc. 51). The R&R recommends that the Court 20 deny Petitioner’s motion. The Court has considered Petitioner’s objections to the R&R 21 (Doc. 49) and reviewed the R&R de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1). 22 The R&R summarized Petitioner’s “Motion for Injunctive Relief”: 23 Petitioner states that he brings his Motion for Injunctive Relief “due to [ADCRR’s] interfering, intimidating, and retaliating 24 my prison jailhouse lawyer for assisting me in ascerting [sic] my first (1st) Amendment right to appeal as granted . . . .” (Doc. 25 44 at 1). The Motion details a number of retaliatory actions allegedly taken against Petitioner’s jailhouse lawyer, such as 26 firing him from his assigned work, denying him a work assignment, denying him a lower bunk, removing his chair, and 27 being told by the Librarian’s Office that he cannot assist Petitioner while at the library. (Id. at 2-3). Petitioner requests 28 that the Court order ADCRR to (i) “cease and desist any and all retaliatory, harassment, or intimidation” against Petitioner 1 and his jailhouse lawyer; (ii) reinstate the jailhouse lawyer’s work assignment with back pay; (iii) expand library access 2 time; (iv) and retain a third party to investigate Petitioner’s claims. 3 4 (Doc. 48 at 1-2.) As the R&R correctly points out, Petitioner’s requested injunctive relief 5 is not limited to the parties in the action and does not involve viable legal claims upon 6 which the action is proceeding. (Doc. 48 at 2-3.) This action is a habeas corpus proceeding, 7 which allows a challenge to the legality or duration of confinement, not a challenge to the 8 conditions of confinement. See Beardslee v. Woodford, 395 F.3d 1064, 1069 (9th Cir. 9 2005). 10 Petitioner, in his objection, contends that his action does not address conditions of 11 confinement, but rather is a case of the State chilling his exercise of free speech by 12 attacking his only assistance, his jailhouse lawyer. (Doc. 49 at 4.) In other words, despite 13 his contention otherwise, it is a claim addressing the conditions of his confinement, a 14 challenge properly raised in a civil rights action under 42 U.S.C. § 1983. Petitioner’s 15 request for injunctive relief is not properly raised in this closed habeas case. 16 Petitioner’s Objection also argues the State’s response to the motion for injunctive 17 relief waived any objection to his motion by not addressing any allegations in that motion. 18 (Doc. 49 at 2.) But because the Court’s jurisdiction is limited only to the parties to this 19 action and to the claims available under this action, the State had no obligation to respond 20 to the specific allegations in the motion. Indeed, the State noted this jurisdictional defect 21 its response to the motion for injunctive relief. There was no waiver by the State, as alleged 22 by Petitioner. 23 As with the Motion for Injunctive Relief, the Motion for Jury Trial (Doc. 51) and 24 the Motion for Leave to File Amicus Curie (Doc. 53) fall outside the scope of a habeas 25 case because they relate to the conditions of confinement. 26 IT IS ORDERED that Petitioner’s Objections to the R&R (Doc. 49) are 27 OVERRULED. 28 IT IS ORDERED that the R&R (Doc.48) is ACCEPTED. 1 IT IS ORDERED that Petitioner’s Motion for Injunctive Relief (Doc. 44) is 2 DENIED. 3 IT IS ORDERED that Petitioner’s Motion for Jury Trial (Doc. 51) is DENIED. 4 IT IS ORDERED that the Motion for Leave to File Brief of Amicus Curiae (Doc. 5|| DENIED. 6 The case shall remain closed. 7 Dated this 15th day of December, 2021. 8 9 10 {Z, 11 _- Ae 12 Upited States Dictric Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-