FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF
(ECF No. 52)
STANLEY A. BOONE, Magistrate Judge.
Plaintiff Dallas J. Myers is a state prisoner appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On June 14, 2017, the parties stipulated to a voluntary dismissal of this action, and thus this matter was terminated and dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii);
On June 30, 2017, Plaintiff filed a motion seeking an order requiring prison officials at Mule Creek State Prison to give him back his legal property immediately. Plaintiff states that when he was returned to the institution from Court and was told it could take up to 30 days for him to receive all of his property. Plaintiff seeks an order directing that he receive all of his property immediately. The Court construes Plaintiff's request as a motion seeking preliminary injunctive relief.
"A preliminary injunction is an extraordinary remedy never awarded as of right."
As a threshold matter, Plaintiff must establish that he has standing to seek preliminary injunctive relief.
This matter concerned Plaintiff's claims regarding allegations of past uses of excessive force and unconstitutional conditions of confinement at California State Prison, Corcoran, against Correctional Officers J. Gonzales and H. Flores. Those claims have now been voluntarily dismissed with prejudice by stipulation, and this matter is closed.
The pendency of this action does not give Plaintiff standing to seek any court orders directed at remedying his current conditions of confinement at Mule Creek State Prison, against prison officials who are not a party to this action.
Plaintiff has also failed to allege or demonstrate "actual injury" by the alleged misconduct by prison officials. Plaintiff asserts that his legal property is required because he has ongoing litigation. It is unclear what this litigation entails, whether Plaintiff has any pending deadlines, or whether he can receive any extension on those deadlines based on the need for some additional time to receive his legal property due to his transfer. Thus, Plaintiff has failed to demonstrate that in the absence of preliminary injunctive relief he is likely to suffer actual injury in prosecuting his case. "Speculative injury does not constitute irreparable injury sufficient to warrant granting a preliminary injunction."
Based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff's motion seeking an order to Mule Creek State Prison to give him back his property immediately, filed June 30, 2017 (ECF No. 52), be DENIED.
This Findings and Recommendation will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within
The parties are advised that failure to file objections within the specified time may result in the waiver of rights on appeal.
IT IS SO ORDERED.