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Nyland v. Calaveras County Sheriff's Jail

United States District Court, Ninth Circuit, California, E.D. California
Jul 17, 2015
1:15-cv-00886 DLB PC (E.D. Cal. Jul. 17, 2015)

Opinion


JON L. NYLAND, Plaintiff, v. CALAVERAS COUNTY SHERIFF'S JAIL, Defendant. No. 1:15-cv-00886 DLB PC United States District Court, E.D. California. July 17, 2015

          ORDER DENYING MOTIONS FOR INJUNCTIVE RELIEF [ECF Nos. 6, 9, 11]

          DENNIS L. BECK, Magistrate Judge.

         Plaintiff Jon L. Nyland, a pretrial detainee proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 11, 2015. By separate order, the Court has screened and dismissed the complaint with leave to amend.

On June 18, 2015, Plaintiff consented to the jurisdiction of the Magistrate Judge.

         Pending before the Court are Plaintiff's several requests for injunctive relief. On June 24, 2015, Plaintiff filed a motion concerning conditions in the jail. Plaintiff contends that he has not been given access to a copy machine or allowed to make copies of documents. He states he has been locked down on three occasions without reason, written documentation, or review. He states he has been placed in administrative segregation without cause or documentation. He claims he is being denied access to disciplinary records and is not permitted to engage in correspondence beyond three sheets of paper per week.

         On July 1, 2015, Plaintiff filed a motion requesting immediate relief for alleged ongoing mistreatment. Again, he claims he has been locked down without cause or documentation, and he has been administratively segregated for personal reasons and mental health reasons. He states he has not been given proper medications.

         On July 8, 2015, Plaintiff filed a motion requesting immediate relief. He states he has not been given his medications. He states staff have opened his legal mail. He claims that the public defender has not visited him with respect to his underlying criminal case.

         A preliminary injunction is an extraordinary remedy never awarded as of right. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). For each form of relief sought in federal court, Plaintiff must establish standing. Summers v. Earth Island Institute, 555 U.S. 488, 493 (2009) (citation omitted); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010) (citation omitted). This requires Plaintiff to show that he is under threat of suffering an injury in fact that is concrete and particularized; the threat must be actual and imminent, not conjectural or hypothetical; it must be fairly traceable to challenged conduct of the defendant; and it must be likely that a favorable judicial decision will prevent or redress the injury. Summers, 555 U.S. at 493 (quotation marks and citation omitted); Mayfield, 599 F.3d at 969. Further, any award of equitable relief is governed by the Prison Litigation Reform Act, which provides in relevant part, "Prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right." 18 U.S.C. § 3626(a)(1)(A).

         By separate order, the Court has screened and dismissed the complaint with leave to file an amended complaint. In light of Plaintiff's failure to state any claim upon which relief may be granted, there is no actual case or controversy before the Court at this time, and Court lacks the jurisdiction to issue the orders sought by Plaintiff. Summers, 555 U.S. at 493; Mayfield, 599 F.3d at 969.

         ORDER

         For the reasons set forth above, IT IS HEREBY ORDERED that Plaintiff's motions for injunctive relief are DENIED.

         IT IS SO ORDERED.


Summaries of

Nyland v. Calaveras County Sheriff's Jail

United States District Court, Ninth Circuit, California, E.D. California
Jul 17, 2015
1:15-cv-00886 DLB PC (E.D. Cal. Jul. 17, 2015)
Case details for

Nyland v. Calaveras County Sheriff's Jail

Case Details

Full title:JON L. NYLAND, Plaintiff, v. CALAVERAS COUNTY SHERIFF'S JAIL, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 17, 2015

Citations

1:15-cv-00886 DLB PC (E.D. Cal. Jul. 17, 2015)