Plaintiff is not entitled to preliminary injunctive relie f until such time as the court finds that his complaint contains cognizable claims for relief against the named defendants and the named defendants have been served with the summons and complaint. The court has a large number of cases pending before it and will screen plaintiff’s complaint for sufficiency of the claims in due course. Plaintiff filed this action on October 11, 2007. United States I mmigration Service, 753 F.2d 719, 727 (9th Cir. “A federal court may issue an injunction if i t has personal jurisdicti on over the parties and subject matter jurisdiction over the claim If the court does not have an actual case or controversy befor e it, it has no power to hear the matter in question. Un ited for Separation of Church an d State, Inc., 454 U.S. Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court must hav e before it an actual case or controversy. At a bare minimum, the plaintiff “ must demonstrate a fair chance of success of the merits, or questions s erious enough to require litigation.” Id. Also, an injunction should not issue if the plaintiff “shows no chance of success on the merits.” Id. Under either approach the plaintiff “must demonstr ate a significant t hreat of irrepara ble injury.” Id. A preliminary i njunction is available to a plaintiff who “demonstrates either ( 1) a combinationġ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 of probable success and the possibility of irreparable harm, or (2) that serious que stions are raised and the balance of hardship tips in its favor.” Arcamuzi v. The purpose of a preliminary injunction is to preserve the status quo if the ba lance of equities so heavily favors the moving party that justice requires the court to intervene to secure the positions until the merits of the action are ultimately determined. Plaintiff seeks an immediate prelim inary injunction prohibiting defendants from forcing him to remain at Pleasant Valley State Prison where there is no physical therapy for his recent surgery and where he is suffering in pain and fear of retaliation by defendants for filing this complaint. On October 23, 2007, the case was transferred to the Eastern District of California and received in this division on October 29, 2007. On October 11, 2007, plaintif f filed the complaint in this action at the United States Distri ct Court for the Northern District of California. "Qiyam" Pogue ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursua nt to 42 U.S.C. ) _ _) 1:07-cv-01577-OWW-SMS-PC FINDI NGS AND RECOMMENDATIONS TO DENY PRELIMINARY INJUNCTION OBJECTIONS, IF ANY, DUE IN THIRTY DAYS Plaintiff, Leon H. " Q I Y A M " P O G U E, ) ) P l a i n t i f f, ) ) v.
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