Jones v. Clark, et al.

Filing 67

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/10/16 denying 65 Motion for Preliminary Injunction. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD JONES,

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No. 2:14-cv-0987 TLN CKD P

Plaintiff,

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v.

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C. CLARK, et al.,

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ORDER

Defendants.

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On January 21, 2016, the undersigned issued findings and a recommendation that

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defendant Stephens’ motion for summary judgment be granted on plaintiff’s excessive force

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claim, which was based on a September 2012 incident at Mule Creek State Prison. (ECF No. 64.)

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Before the court is plaintiff’s February 5, 2016 motion for injunctive relief, alleging

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retaliation by a non-defendant, Officer Pogue. (ECF No. 65.) The harm for which plaintiff seeks

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relief is outside the scope of the excessive force claim at issue in this action. In addition, as a

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general rule, this court is unable to issue an order against individuals who are not parties to a suit

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pending before it. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100 (1969).

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Plaintiff cannot, by this motion, enjoin persons who are not defendants in the underlying action,

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based on claims that are not set forth in the operative complaint.

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Plaintiff’s motion will be denied. If plaintiff wishes to assert a retaliation claim against
Pogue or any other defendant, he must do so by commencing a new § 1983 action.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for injunctive relief (ECF

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No. 65) is denied.

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Dated: February 10, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/jone0987.pi

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