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Hernandez v. Thomas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Aug 30, 2018
No. 2:17-CV-1803-KJM-CMK-P (E.D. Cal. Aug. 30, 2018)

Opinion

No. 2:17-CV-1803-KJM-CMK-P

08-30-2018

ANTHONY HERNANDEZ, Plaintiff, v. THOMAS, Defendant.


FINDINGS AND RECOMMENDATIONS

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed a request for injunctive relief against individuals who are not named as defendants in this action (Doc. 17). Specifically, plaintiff alleges that, since filing his lawsuit against defendant Thomas, other "custody officers" have retaliated against him. This court is unable to issue an order against individuals who are not parties to a suit pending before it. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). The request must, therefore, be denied without prejudice to plaintiff's ability to seek further relief by way of a separate lawsuit alleging retaliation. / / / / / /

Based on the foregoing, the undersigned recommends that plaintiff's request for injunctive relief (Doc. 17) be denied.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days after being served with these findings and recommendations, any party may file written objections with the court. Responses to objections shall be filed within 14 days after service of objections. Failure to file objections within the specified time may waive the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: August 30, 2018

/s/_________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE


Summaries of

Hernandez v. Thomas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Aug 30, 2018
No. 2:17-CV-1803-KJM-CMK-P (E.D. Cal. Aug. 30, 2018)
Case details for

Hernandez v. Thomas

Case Details

Full title:ANTHONY HERNANDEZ, Plaintiff, v. THOMAS, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Aug 30, 2018

Citations

No. 2:17-CV-1803-KJM-CMK-P (E.D. Cal. Aug. 30, 2018)