Eastman v. Swanson et al

Filing 24

ORDER denying 21 MOTION for Temporary Restraining Order filed by Franklin Corbin Eastman. Signed by Judge Donald W. Molloy on 8/23/2012. Mailed to Eastman at 1135 McDonald #110, Missoula, MT 59801. (TAG, )

IN mE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

FRANKLIN CORBIN EASTMAN,

Cause No. CV 11-00073-H-DWM-RKS

Plaintiff,
ORDER

VS.

ROSS SWANSON, et aI.,
Defendants.
Plaintiff Franklin Eastman filed a document labeled "Supplemental!
Complaint" and "Motion for T.R.O" "in correction in name of defendant." (Dkt.
21). This order will only deal with the motion for temporary restraining order.
The amendment issues are referred to Judge Strong.
The claims remaining in this case are Mr. Eastman's allegations regarding
his legal mail, mental health care, harassment, being labeled a snitch, and
retaliation.
It is somewhat unclear what Mr. Eastman is seeking to address in the
motion for temporary restraining order. His motion has been construed as seeking
a temporary restraining order prohibiting two non-defendant correctional officers
from throwing away his "OSR kites" in retaliation for his filing this lawsuit. (Dkt.
1

21).
Mr. Eastman seeks injunctive relief against individuals who are not named
as defendants in this action. This court is unable to issue an order against
individuals who are not parties to a suit pending before it. Zenith Radio Corp. v.
Hazeltine Research, Inc., 395 U.S. 100, 112 (1969).
Accordingly, the Motion for a Temporary Restraining Order (Dkt. 21) is
denied.
Dated this

12a!r

of August, 2012.

Donald W. Molloy, District Judge
United States District Court

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