Warren v. State of Montana et al

Filing 68

ORDER denying 65 Petiiton for Injunction. Signed by Judge Donald W. Molloy on 9/23/2011. Mailed to Warren. (TAG, )

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IN THE UNITED STATES DISTRICT
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FOR THE DISTRICT OF MONTA~C{

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HELENA DIVISION
JAMES MICHAEL WARREN,

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Cause No. CV 10-00020-H-DWM-RKS

Plaintiff,
ORDER

vs.
CHRIST WYANT,
Defendant.
Pending is Plaintiff James Warren's Petition for Injunction (dkt # 65). Mr.
Warren seeks an Order requiring the Warden of Crossroads Correctional Center to
provide him with access to his legal materials, copies, and legal reference books
even though he is in the facility's "SMU" (presumably disciplinary segregation).
As the Warden is not a party to this action, the Court does not have jurisdiction to
issue the requested order. See Price v. City of Stockton, 390 F.3d 11 05, 1117 (9th
Cir. 2004) (per curiam) ("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.") (citation
omitted).

Accordingly, Mr. W:1nts Petition for Injunction (dkt # 65) is DENIED.
DATED this ;..

'3 day of September, 201 L

Donald / . M lIoy, District Judg
UniteqStates istrict Court