Bland v. Cox

Bland · United States District Court for the Eastern District of California · July 7, 2025 · No. 2:20-CV-0715-WBS-DMC-P

Summary

The document contains findings and recommendations addressing Joshua Bland’s motions for injunctive relief in a 42 U.S.C. § 1983 action. The court recommends denying the motions because Bland did not show irreparable harm or a likelihood of success, and the requested order would be directed to unnamed prison officials who were not parties to the action. The recommendations were issued after Bland’s transfer to another prison and concern access to legal property.

Holdings

  1. Plaintiff was not entitled to injunctive relief because he failed to identify irreparable harm, failed to demonstrate a particular likelihood of success on the merits, and sought relief against unnamed nonparty prison officials.
  2. The motions for injunctive relief should be denied because plaintiff's transfer and the absence of evidence that he would return, together with his failure to establish the other requirements for relief, did not warrant an injunction.

Questions Presented

  1. Whether plaintiff established the requirements for preliminary or other injunctive relief.
  2. Whether the court could issue an injunction directed to unnamed prison officials who were not parties to the action.
  3. Whether plaintiff showed a sufficient relationship between the requested relief and the claims in the underlying complaint.

Disposition

other

Cases Cited (13)

  • Stormans, Inc. v. Selecky, 586 F.3d 1109, 1127 (9th Cir. 2009)(followed)
  • Winter v. Natural Resources Defense Council, Inc., 129 S. Ct. 365, 374 (2008)(followed)
  • Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015) (en banc)(followed)
  • American Trucking Ass'ns, Inc. v. City of Los Angeles, 559 F.3d 1046, 1052 (9th Cir. 2009)(followed)
  • Shell Offshore, Inc. v. Greenpeace, Inc., 709 F.3d 1281, 1291 (9th Cir. 2013)(followed)
  • Alliance for the Wild Rockies v. Cottress, 632 F.3d 1127, 1135 (9th Cir. 2011)(followed)
  • Pacific Radiation Oncology, LLC v. Queen's Medical Center, 810 F.3d 631, 636 (9th Cir. 2015)(followed)
  • De Beers Consolidated Mines, 325 U.S. 212, 220 (1945)(followed)
  • Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969)(followed)
  • Preiser v. Newkirk, 422 U.S. 395, 402-03 (1975)(followed)

Showing top 10 of 13.

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…