(PC) Fletcher v. Sherman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY L. FLETCHER, No. 1:18-cv-01074-DAD-GSA (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, REVOKING 14 STU SHERMAN, Warden, PLAINTIFF’S IN FORMA PAUPERIS STATUS, AND DENYING PLAINTIFF’S 15 Defendant. MOTION FOR RELEASE 16 (Doc. Nos. 9, 17) 17 18 19 Plaintiff Gregory L. Fletcher is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 21 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On October 9, 2018, the assigned magistrate judge issued findings and recommendations, 23 recommending that plaintiff’s in forma pauperis status be revoked and that plaintiff be required to 24 pay the $400.00 filing fee for this action in full. (Doc. No. 9.) The findings and 25 recommendations were served on both parties and contained notice that any objections thereto 26 were to be filed within fourteen (14) days of the date of service. (Id. at 4.) On October 17, 2018, 27 plaintiff filed timely objections. (Doc. No. 10.) 28 ///// 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 including plaintiff’s objections, the court concludes that the findings and recommendations are 4 supported by the record and proper analysis. 5 In his objections, plaintiff fails to meaningfully respond to the magistrate judge’s analysis, 6 but instead merely restates the conclusory allegations contained in his complaint and provides no 7 basis for the court to depart from the magistrate judge’s reasoned conclusion that plaintiff is 8 ineligible to proceed in forma pauperis with this action. (Doc. No. 10.) 9 Separately, plaintiff filed a “Motion for Release Due to Coronavirus Pandemic” on May 4, 10 2020, seeking release from prison due to the COVID-19 coronavirus pandemic. (Doc. No. 17.) 11 He argues that he is at heightened risk of contracting COVID-19 because he is African-American 12 and has a myriad of co-morbidities that increase the likeliness that he will contract or succumb to 13 the disease, particularly because of the prison’s alleged susceptibility to an outbreak of COVID- 14 19. (Doc. No. 3 at 3.) 15 However, the court cannot grant plaintiff’s motion. Because plaintiff seeks a court order 16 compelling prison officials to release him, the court construes his motion as a motion for 17 injunctive relief. However, an injunction is only available when the “complaint states a sound 18 basis for equitable relief,” a determination that implicates “case or controversy considerations[.]” 19 City of Los Angeles v. Lyons, 461 U.S. 95, 102–03 (1983) (citation omitted). In his complaint 20 filed in this action, plaintiff alleges that defendant improperly denied him a job at the prison due 21 to retaliation from prison staff and disability discrimination. (Doc. No. 1.) Because the 22 injunctive relief sought—release from prison—would not remedy his claims and has no 23 connection to them, plaintiff has not “demonstrate[d] a case or controversy . . . that would justify 24 the equitable relief sought,” depriving the court of jurisdiction. City of Los Angeles, 461 U.S. at 25 105. Thus, plaintiff’s “Motion for Release Due to Coronavirus Pandemic” must be denied.1 26 1 This order is without prejudice to plaintiff’s filing of a separate civil rights action challenging 27 the conditions of his confinement due to the COVID-19 pandemic. Administrative requests and causes of action under state law may also provide plaintiff potential avenues for seeking that 28 wOASe VEY EM EET ENE NSE RUIN OPEN FP OAyt VM VI 1 Accordingly: 2 1. The findings and recommendations filed on October 9, 2018 (Doc. No. 9) are 3 adopted; 4 2. Plaintiff's in forma pauperis status is revoked; 5 3. The order issued on August 17, 2018 (Doc. No. 7) granting Plaintiff's application 6 to proceed in forma pauperis (Doc. No. 4) and directing the California Department 7 of Corrections to collect and forward payment from plaintiff's prison trust account 8 is vacated; 9 4. Plaintiff is directed to pay the $400.00 filing fee within thirty (30) days of service 10 of this order in order to proceed with this action or he will face dismissal of this 11 case without prejudice to its refiling upon payment of the required filing fee; 12 5. Plaintiff's “Motion for Release Due to Coronavirus Pandemic” (Doc. No. 17) is 13 denied; and 14 6. The Clerk of Court is directed to serve a copy of this order on: 15 i. the Financial Department, U.S. District Court, Eastern District of 16 California; and 17 li. the Director of the California Department of Corrections and 18 Rehabilitation. 19 | IT IS SO ORDERED. si □ Dated: _-May 8, 2020 DL A. Done 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28