(PC) Colbourn v. California Courts

Opinion

1 2 3 4 5 6 7 10 11 ORRIN TYLER COLBOURN, No. 2:20-CV-0725 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA COURTS, et al., 15 Defendants. 16 17 Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. (ECF No. 1). The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Plaintiff has filed a request for a temporary restraining order. (ECF No. 29). A review of 21 the motion indicates that plaintiff seeks injunctive relief against individuals who are not named as 22 defendants in this action. (Compare ECF No. 1 at 1, 3 (defendants named in complaint), with 23 ECF No. 29 at 1-2 (individuals named in temporary injunction motion)). This court is unable to 24 issue an order against individuals who are not parties to a suit pending before it. See Zenith 25 Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969); Aleknagik Natives Ltd. v. 26 Andrus, 648 F.2d 496, 506 (9th Cir. 1980) (citing Zenith Radio Corp.). 27 //// 28 //// wOAIOe 2 □□ INI OO PI ee AY

1 Accordingly, IT IS HEREBY ORDERED that a District Court Judge be randomly 2 | assigned to this action. 3 IT IS FURTHER RECOMMENDED that plaintiff's motion for a temporary restraining 4 | order, docketed July 9, 2020 (ECF No. 29), be DENIED. 5 These findings and recommendations are submitted to the United States District Judge 6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 7 | being served with these findings and recommendations, plaintiff may file written objections with 8 | the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 9 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 10 | may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 11 | Cir. 1991). 12 | Dated: July 14, 2020

14 15 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 | pLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/colb0725.49a.of&r 17 18 19 20 21 22 23 24 25 26 27 28