Opinion

Mariscal

Court
District Court, E.D. California
Filed
Aug 14, 2026
Cited by
0 cases

The opinion

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

10

11 LADUAN BROWN, Case No. 1:26-cv-01008-FJS (PC)

12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO

RANDOMLY ASSIGN DISTRICT JUDGE TO

13 v. ACTION

14 MARISCAL, et al., FINDINGS AND RECOMMENDATIONS TO

DENY PLAINTIFF’S MOTION FOR

15 Defendants. PRELIMINARY INJUNCTION

(ECF No. 8)

16

FOURTEEN (14) DAY DEADLINE

17

18 Plaintiff LaDuan Brown (“Plaintiff”) is a former state prisoner proceeding pro se and in

19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The court has not yet

20 screened the complaint.

21 On June 11, 2026, Plaintiff filed a motion for a preliminary injunction. (ECF No. 8.) In the

22 motion, Plaintiff requests a preliminary injunction against “unknown Kern Valley State Prison”

23 officials and all defendants “to prevent further irreparable harm, retaliation, murder, and

24 attempted murder against Plaintiff.” (Id. at 1.) Plaintiff does not otherwise specify what injunctive

25 relief he seeks. Plaintiff argues that a preliminary injunction is necessary because the unknown

26 Kern Valley State Prison (“KVSP”) officials are utilizing unlawful cellphones and virtual reality

27 to retaliate against Plaintiff for litigating this action. Plaintiff includes a lengthy recitation of the

28 alleged harms inflicted and attempted by these unknown individuals, against Plaintiff and “all

1 citizens of society,” including blackmailing Plaintiff’s friends, family, and potential employers,

2 controlling the bodies or minds of individuals to force them to perform actions ranging from

3 crashing their own cars to committing rape, directly inflicting physical harm to Plaintiff, and

4 hacking into Plaintiff’s cell phone to steal his money. (See ECF No. 8.)

5 I. MOTION FOR PRELIMINARY INJUNCTION

6 “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter

7 v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff seeking a

8 preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to

9 suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his

10 favor, and that an injunction is in the public interest.” Id. at 20 (citations omitted). An injunction

11 may only be awarded upon a clear showing that the plaintiff is entitled to relief. Id. at 22 (citation

12 omitted).

13 Federal courts are courts of limited jurisdiction and in considering a request for

14 preliminary injunctive relief, the court is bound by the requirement that as a preliminary matter, it

15 have before it an actual case or controversy. City of L.A. v. Lyons, 461 U.S. 95, 102 (1983);

16 Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S.

17 464, 471 (1982). If the court does not have an actual case or controversy before it, it has no power

18 to hear the matter in question. Id. Requests for prospective relief are further limited by 18 U.S.C.

19 § 3626(a)(1)(A) of the Prison Litigation Reform Act, which requires that the court find the “relief

20 [sought] is narrowly drawn, extends no further than necessary to correct the violation of the

21 Federal right, and is the least intrusive means necessary to correct the violation of the Federal

22 right.”

23 Furthermore, the pendency of this action does not give the court jurisdiction over prison

24 officials in general. Summers v. Earth Island Inst., 555 U.S. 488, 491–93 (2009); Mayfield v.

25 United States, 599 F.3d 964, 969 (9th Cir. 2010). The court’s jurisdiction is limited to the parties

26 in this action and to the viable legal claims upon which this action is proceeding. Summers, 555

27 U.S. at 491−93; Mayfield, 599 F.3d at 969.

28

1 II. DISCUSSION

2 Plaintiff has not met the requirements for the injunctive relief he seeks in this motion. The

3 court is required to screen complaints brought by prisoners seeking relief against a governmental

4 entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s

5 complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to

6 state a claim upon which relief may be granted, or if it seeks monetary relief from a defendant

7 who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C. § 1915(e)(2)(B)(ii).

8 As noted above, the court has not yet screened the complaint. As such, this action does not

9 yet proceed on any cognizable claims, no defendant has been ordered served, and no defendant

10 has yet made an appearance. Thus, the court at this time lacks personal jurisdiction over any

11 named defendants or other individuals who might be involved in the allegations set forth in

12 Plaintiff’s motion. The court further notes that Plaintiff specifically requests a preliminary

13 injunction against “unknown” KVSP officials, and the court cannot determine at this time

14 whether it may exercise jurisdiction over such a broad and unspecified group of individuals.

15 Moreover, Plaintiff’s motion for preliminary injunction is directed at unknown KVSP officials,

16 but the complaint names thirty-one defendants, only three of whom are employed at KVSP. (ECF

17 No. 1 at 4–7.)

18 Finally, Plaintiff’s motion fails to specify what relief is sought. Pursuant to the Prison

19 Litigation Reform Act, any relief granted must be “narrowly drawn, extend[] no further than

20 necessary to correct the violation of the Federal right, and [be] the least intrusive means necessary

21 to correct the violation of the Federal right.” 18 U.S.C. § 3626(a)(1)(A). Plaintiff’s motion does

22 not provide any information as to the scope or type of relief Plaintiff seeks, and the court cannot

23 simply grant a request for unspecified and unlimited injunctive relief.

24 III. ORDER AND RECOMMENDATION

25 Accordingly, the Clerk of the Court is HEREBY DIRECTED to randomly assign a district

26 judge to this action.

27 Furthermore, it is HEREBY RECOMMENDED that Plaintiff’s motion for preliminary

28 injunction, (ECF No. 8), be DENIED.

] These findings and recommendations are submitted to the United States district judge

2 | assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1)(B). Within fourteen

3 | (4) days after being served with a copy of these findings and recommendations, a party may file

4 | written objections with the court. The document should be captioned “Objections to Magistrate

5 | Judge’s Findings and Recommendations.” Objections, if any, shall not exceed fifteen (15) pages.

6 | Any pages filed in excess of the 15-page limit may not be considered. Exhibits shall not be filed

7 | with objections, but they may be referenced by the document and page number. No new exhibits

8 | may be filed with objections. The parties are advised that failure to file objections within the

9 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,

10 | 838-39 (9th Cir. 2014). This recommendation is not an order that is immediately appealable to

11 || the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Federal Rule of Appellate

12 || Procedure 4(a)(1) should not be filed until entry of the district court’s judgment.

13

14 IT IS SO ORDERED. Vy 2 7

15 Dated: _ August 14, 2026 □□

16 UNITED STATESMA dSTRATE JUDGE

17

18

19

20

21

22

23

24

25

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.