(PC) Washington v. Sexton ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMIEN WASHINGTON, Case No. 1:18-cv-0513-DAD-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF’S MOTION FOR 13 v. INJUNCTIVE RELIEF 14 M. SEXTON, et al., (Doc. 20) 15 Defendants. FOURTEEN-DAY DEADLINE 16 17 Plaintiff has filed a motion for injunctive relief concerning the conduct of non-party 18 Correctional Officer Alford, whom plaintiff accuses of harassing him for having filed this lawsuit 19 against a friend. (Doc. 20.) Citing security concerns, plaintiff seeks an order transferring him to 20 another yard within the same institution or transferring him to another institution entirely. 21 As noted, plaintiff’s motion is premised on the conduct of an individual not named in this 22 action. Insofar as plaintiff seeks an order directing Officer Alford to stop harassing plaintiff, this 23 Court is unable to issue an order against individuals who are not parties to a suit pending before it. 24 See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). Additionally, the 25 relief that plaintiff seeks is unrelated to the claims in this case, which are premised on an assault 26 that occurred on March 22, 2017. The Court cannot issue an order addressing claims not before it. 27 Price v. City of Stockton, 390 F.3d 1105, 1117 (9th Cir. 2004). 28 1 Accordingly, the Court RECOMMENDS that plaintiff’s motion for injunctive relief be 2 DENIED. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after 5 being served with these findings and recommendations, any party may file written objections with 6 the court and serve a copy on all parties. Such a document should be captioned “Objections to 7 Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be filed 8 and served within fourteen days after service of the objections. The parties are advised that failure 9 to file objections within the specified time may waive the right to appeal the District Court’s order. 10 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 IT IS SO ORDERED. 12 13 Dated: September 24, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28