Haney v. Hernandez et al

Filing 50

ORDER Denying 49 Motion for Court Order, signed by District Judge Lawrence J. O'Neill on 11/14/12. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MONTE L. HANEY

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CASE NO. 1:10-cv–02134-LJO-BAM PC
Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION FOR
COURT ORDER

v.
(ECF No. 49)

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M. P. HERNANDEZ, et al.,
Defendants.
/

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Plaintiff Monte L. Haney is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. On November 6, 2012, an order adopting the

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findings and recommendations issued and this action was dismissed and judgment. (ECF No. 47,

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48.) On November 8, 2012, Plaintiff filed a motion for a court order. (ECF No. 49.)

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

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relief, the Court is bound by the requirement that as a preliminary matter, it have before it an actual

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case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 1665 (1983);

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Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464,

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471, 102 S.Ct. 752, 757-58 (1982). If the Court does not have an actual case or controversy before

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it, it has no power to hear the matter in question. Id. “[The] triad of injury in fact, causation, and

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redressability constitutes the core of Article III’s case-or-controversy requirement, and the party

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invoking federal jurisdiction bears the burden of establishing its existence.” Steel Co. v. Citizens

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for a Better Env’t, 523 U.S. 83, 103-04, 118 S.Ct. 1003 (1998).

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Since this action has been dismissed there is no case or controversy before the Court upon
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which relief can be granted. Accordingly Plaintiff’s motion for a temporary restraining order, filed

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November 8, 2012, is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
b9ed48

November 14, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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