(PC) Lamon v. Mey ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BARRY LOUIS LAMON, No. 2: 20-cv-1474 TLN KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 S.MEY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for a preliminary injunction. 19 (ECF No. 13.) 20 Plaintiff is housed at Mule Creek State Prison (“MCSP”). All defendants are located at 21 High Desert State Prison (“HDSP”). 22 In the pending motion, plaintiff requests an order directing defendants to prepare a report 23 detailing the measures they took regarding plaintiff’s claim that they failed to permit plaintiff to 24 identify the names of the inmates who threatened him while he was housed at Kern Valley State 25 Prison (“KVSP”). Plaintiff also requests an order directing MCSP to permit plaintiff to choose 26 his meals at random. 27 Plaintiff’s request for information regarding the measures defendants took regarding 28 plaintiff’s safety concerns while he was housed at HDSP is more appropriately raised in a 2 OU UVM EIT EIT TP INGEN MVOC tw PO ee Oy Ove 1 | discovery motion. To the extent plaintiff seeks injunctive relief regarding his safety concerns 2 | while housed at HDSP, plaintiffs claims for injunctive relief are moot because he is no longer 3 | housed at HDSP. See Weinstein v. Bradford, 423 U.S. 147, 149 (1975); Dilley v. Gunn, 64 F.3d 4 | 1365, 1368-69 (9th Cir. 1995). 5 With regard to plaintiff's request to choose his meals at random, no defendants are located 6 | at MCSP. Therefore, plaintiff is seeking injunctive relief against individuals who are not named 7 | as defendants in this action. This court is unable to issue an order against individuals who are not 8 || parties to a suit pending before it. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 9 | 100, 112 (1969). 10 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff's August 27, 2020 motion 11 | fora preliminary injunction (ECF No. 13) be denied 12 These findings and recommendations are submitted to the United States District Judge 13 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 14 | after being served with these findings and recommendations, plaintiff may file written objections 15 | with the court and serve a copy on all parties. Such a document should be captioned 16 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 17 | failure to file objections within the specified time may waive the right to appeal the District 18 | Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 1991). 19 || Dated: October 1, 2020 Aectl Aharon 2] KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 22 23 24 Lam 1474.tro 25 26 27 28