(PC) Fairchild v. Vang

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARABELLA FAIRCHILD, No. 1:23-cv-0917 JLT GSA (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING 13 v. PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF 14 VANG, et al., (Doc. 13) 15 Defendants. 16 17 Arabella Fairchild seeks injunctive relief related to her prison trust account, asserting that 18 funds from a settlement were wrongfully taken. (Doc. 9 at 2-3, 6.) The magistrate judge found 19 the Court has no jurisdiction over the individuals she believes wrongfully took the funds at this 20 time, because the matter has not been served. (Doc. 13 at 3.) Therefore, the magistrate judge 21 found the “motion for injunctive relief must be denied at the outset,” and recommended the 22 motion be denied. (Id. at 3, 6.) 23 The Court served the Findings and Recommendations on Plaintiff and notified her that any 24 objections were due no later than February 20, 2024. (Doc. 13 at 6.) The Court advised Plaintiff 25 that the failure to file objections by the ordered deadline may result in the waiver of rights on 26 appeal. (Id. at 7, citing Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991).) Plaintiff did not 27 file objections, and the time to do so has passed. 28 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this case. 1 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 2 | are supported by the record and proper analysis. Moreover, a plaintiff seeking an injunction must 3 | show “he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the 4 | absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction 5 | is inthe public interest.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Plaintiff 6 | did not carry this burden. Thus, the Court ORDERS: 7 1. The Findings and Recommendations issued February 6, 2024 (Doc. 13) are 8 ADOPTED in full. 9 2. Plaintiff's motion for an emergency preliminary injunction (Doc. 9) is DENIED. 10 IT IS SO ORDERED. 12 | Dated: _Mareh 1, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28