Escobar v. Huertas et al

Filing 56

MINUTE ORDER denying 54 Motion for Protection from Hostile Defendants, Right to Life. By Magistrate Judge Kristen L. Mix on 12/27/2011.(jjpsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00169-CMA-KLM
JOSE MEDINA ESCOBAR,
Plaintiff,
v.
CAPTAIN H. HUERTAS,
LIEUTENANT TITEMAN,
SERGEANT FRETWELL,
SERGEANT WEST,
C/O P. ARCHULETA,
C/O SUTER,
C/O J. ENGLEHART, and
C/O D. JOHNSON,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s “Motion for Protection from Hostile
Defendants, Right to Life” [Docket No. 54; Filed December 22, 2011] (the “Motion”).
IT IS HEREBY ORDERED that the Motion is DENIED for the reasons stated in the
Order and Recommendation issued November 4, 2011 [#41]. In his Motion, Plaintiff
alleges wrongdoing by C/O Alanis, Lt. Travis, Sgt . Montgomery, and Sgt. Hudspeth. None
of these individuals are named defendants in this lawsuit. As previously explained, the
Court has limited authority to grant injunctive relief against nonparties, and the
circumstances permitting such relief are not present here. [#41] at 4; see Fed. R. Civ. P.
65(d) (“Every order granting an injunction ... binds only ... the parties ... .”); see also Little
v. Jones, 607 F.3d 1245, 1251 (10th Cir. 2010) (affirming the denial of a motion for
preliminary injunction on the basis that the incarcerated pro se plaintiff had not “alleged that
the defendants named in the complaint participated in the alleged deprivations . . . .”).
Dated: December 27, 2011