Gibson v. Campbell et al

Filing 285

MINUTE ORDER denying 282 Motion Requesting Use of Type Writer [sic] by Magistrate Judge Kristen L. Mix on 04/10/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-00983-WYD-KLM
WELLMAN E. GIBSON,
Plaintiff,
v.
ANNA MARIE CAMPBELL,
C. HOLST, AIC,
SHIRLEY STEINBECK,
MARSHALL GRIFFITH,
LT. STEINBECK, and
DOCTOR ASSEN,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion Requesting Use of Type
Writer [sic] [Docket No. 282; Filed April 2, 2012] (the “Motion”). The Court construes
Plaintiff’s Motion as a request for an order directing the Colorado Department of
Corrections to provide a typewriter in the law library office, as opposed to “only” computers.
IT IS HEREBY ORDERED that the Motion is DENIED. The Colorado Department
of Corrections (“CDOC”) is not a party to this proceeding, and the Motion seeking injunctive
relief is not a proper mechanism for joinder of CDOC as a defendant. The Court has
limited authority to grant injunctive relief against nonparties, and the circumstances
permitting such relief are not present here. See Fed. R. Civ. P. 65(d) (“Every order
granting an injunction ... binds only ... the parties ... .”).1
Dated: April 10, 2012

1

The plain language of Fed. R. Civ. P. 65(d)(2) includes a provision permitting the issuance
of a preliminary injunction against “other persons who are in active concert or participation” with the
parties to a case. Here, the CDOC is not a person, and in any event, Plaintiff does not allege or
demonstrate that the named Defendants are in active concert or participation with the CDOC (as
an entity) to deprive Plaintiff of his rights as alleged in his Amended Complaint [#37].