Summary
The document is an order and findings and recommendations in a prisoner civil-rights action against J. Quiring. The magistrate judge denies the plaintiff’s request for an in-person settlement conference and recommends denial of preliminary injunctive relief concerning threats by other inmates because the requested relief is unrelated to the complaint, seeks to affect nonparties, and does not satisfy the applicable injunction standards.
Holdings
- Preliminary injunctive relief should be denied because Jones failed to address or establish the Winter factors.
- The court should not issue an injunction based on claims not pleaded in the complaint.
- The court could not issue an injunction determining the rights of unnamed inmates who were not before the court.
- The request for an in-person settlement conference was denied because Jones declined to attend the previously scheduled settlement conference.
Questions Presented
- Whether Jones was entitled to preliminary injunctive or protective relief based on alleged threats by unknown inmates.
- Whether the requested injunction was permissible when it was based on allegations separate from those in the complaint and sought relief against nonparties.
- Whether Jones's request for an in-person settlement conference should be granted after he declined to attend the previously scheduled conference.
Disposition
other
Cases Cited (15)
- Lopez v. Brewer, 680 F.3d 1068, 1072 (9th Cir. 2012)(followed)
- Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam)(followed)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20, 24 (2008)(followed)
- Porretti v. Dzurenda, 11 F.4th 1037, 1047 (9th Cir. 2021)(followed)
- Hernandez v. Sessions, 872 F.3d 976, 999 (9th Cir. 2017)(followed)
- Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 879 (9th Cir. 2009)(followed)
- Gilmore v. People of the State of California, 220 F.3d 987, 999 (9th Cir. 2000)(followed)
- Pacific Radiation Oncology, LLC v. Queen's Medical Center, 810 F.3d 631, 633 (9th Cir. 2015)(followed)
- Zepeda v. U.S. I.N.S., 753 F.2d 719, 727 (9th Cir. 1983)(followed)
- Turner v. Safley, 482 U.S. 78, 884-85 (1987)(followed)
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