Summary
The United States District Court for the Eastern District of California denied a state prisoner’s motion for appointment of counsel and recommended denying his motion for injunctive relief and remedy at law. The court concluded that the requested medical and other injunctive relief either concerned nonparties or was unrelated to the claims proceeding against the defendant. The matter was referred to the assigned district judge for review under 28 U.S.C. § 636(b)(1), subject to objections.
Holdings
- The court could not issue an injunction requiring medical care from prison officials who were not parties to the pending action; the request for such relief should be denied.
- A motion for injunctive relief must bear a relationship to the injury and conduct alleged in the underlying complaint; plaintiff's requests concerning unrelated prison conduct should therefore be denied.
- Plaintiff failed to demonstrate exceptional circumstances warranting appointment or a request for voluntary representation by counsel.
Questions Presented
- Whether the court could grant injunctive relief requiring medical care from prison officials who were not parties to the action.
- Whether the court could grant injunctive relief concerning alleged conduct unrelated to the claims against defendant Campos in the underlying action.
- Whether plaintiff demonstrated exceptional circumstances warranting appointment of counsel in his § 1983 action.
Disposition
other
Cases Cited (7)
- Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969)(followed)
- Pac. Radiation Oncology, LLC v. Queen's Medical Center, 810 F.3d 631, 636 (9th Cir. 2015)(followed)
- Mallard v. United States District Court, 490 U.S. 296, 298 (1989)(followed)
- Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991)(followed)
- Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990)(followed)
- Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009)(followed)
- Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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