(PC) Owens v. Banuelos ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THEON OWENS, No. 2:19-CV-1683-MCE-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 D. BANUELOS, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court are Plaintiff’s motions, ECF No. 46 and 51, for 19 injunctive relief. 20 Plaintiff seeks an order directing Jason Black, the Executive Director of 21 Atascadero State Hospital, to release his legal materials.1 The Court finds that injunctive relief is 22 not appropriate because Jason Black is not a party to this action. See Zenith Radio Corp. v. 23 Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). 24 / / / 25 / / / 26 / / / 27 1 While Plaintiff was incarcerated at Atascadero State Hospital when his motions were filed, he has 28 since been released. See ECF No. 58 (Plaintiff’s notice of change of address). 1 Based on the foregoing, the undersigned recommends that Plaintiff's motions for 2 | injunctive relief, ECF Nos. 46 and 51, be denied. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written objections 6 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 7 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 | Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: March 31, 2022 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28