Woods v. Crossroads Correctional Center et al

Filing 17

ORDER denying 11 Motion for Preliminary Injunction. Signed by Judge Donald W. Molloy on 9/25/2013. Mailed to Woods. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

FILED
SEP 25 20t3
C1er!<, y.S. District Court
Dlstnct Of Montana

Cause No. CV 13-00068-DWM-~ula

JEREMY C. WOODS,
Plaintiff,
vs.

ORDER

CROSSROADS CORRECTIONAL
CENTER, MARTIN FRINK,
WARDEN, et al.,
Defendants.

Plaintiff Jeremy Woods has filed a Motion for Preliminary Injunction and/or
Protective Order. Dkt. 11. Woods seeks an Order from this Court prohibiting
Defendants and the Montana Department of Corrections from transferring him
from Crossroads Correctional Center. The motion will be denied.
Federal courts are courts oflimited jurisdiction, and as a preliminary matter,
the court must have before it an actual case or controversy. City of Los Angeles v.
Lyons, 461 U.S. 95, 102 (l983); Jones v. City of Los Angeles, 444 F.3d 1118,
1126 (9th Cir. 2006). If the court does not have an actual case or controversy
before it, it has no power to hear the matter in question. Id.
This action is proceeding against Defendants for allegedly failing to protect
Woods from an assault in August 11, 2012. The relief sought in Woods' motion

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does not relate to and would not remedy the claims upon which this action is
based. Thus, the Court lacks jurisdiction to issue the order sought by Woods.
In addition, as a general rule courts are unable to issue orders against
individuals who are not parties to a suit pending before it. Zenith Radio Corp. v.
Hazeltine Research, Inc., 395 U.S. 100 (1969); Zepeda v. United States
Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985) ("A federal court may
issue an injunction if it has personal jurisdiction over the parties and subject matter
jurisdiction over the claim; it may not attempt to determine the rights of persons
not before the court.").
Woods acknowledges in his briefthat the Montana Department of
Corrections, not Crossroads or any of the other named Defendants, makes the
decision when and whether to transfer Woods to a different correctional institution.
Dkt. 12, p. 2, ~ 7. The Montana Department of Corrections is not a party to this
action and the Court is unable to issue an order against them in this case.
IT IS ORDERED that:
Woods's Motion for Preliminary Injunction and/or Protective Order (Dkt.
11) is denied.
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DATED thisj~day of September, 201­

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