(PC) Colbourn v. California Courts

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ORRIN TYLER COLBOURN, No. 2:20-CV-0725 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS CALIFORNIA COURTS, et al., 15 Defendants.

17 Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. (ECF No. 1). The matter was referred to a United States 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 the motion indicates that plaintiff seeks injunctive relief against individuals who are not named as defendants in this action. (Compare ECF No. 1 at 1, 3 (defendants named in complaint), with ECF No. 29 at 1-2 (individuals named in temporary injunction motion)). 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); Aleknagik Natives Ltd. v. Andrus, 648 F.2d 496, 506 (9th Cir. 1980) (citing Zenith Radio Corp.).

27 //// //// wOAIOe 2 □□ INI OO PI ee AY 1 Accordingly, IT IS HEREBY ORDERED that a District Court Judge be randomly | assigned to this action.

3 IT IS FURTHER RECOMMENDED that plaintiff's motion for a temporary restraining | order, docketed July 9, 2020 (ECF No. 29), be DENIED.

5 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)(1). Within thirty days after | being served with these findings and recommendations, plaintiff may file written objections with | the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and | Recommendations.” Plaintiff is advised that failure to file objections within the specified time | may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th | Cir. 1991).

12 | Dated: July 14, 2020 15 ORAH BARNES UNITED STATES MAGISTRATE JUDGE | pLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/colb0725.49a.of&r