Usrey v. Deyott et al

Filing 40

ORDER denying 32 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Dana L. Christensen on 7/30/2013. Mailed to Usrey. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
RICKY JOE USREY,

Cause No. CV 12-00092-H-DLC-RKS

Plaintiff,
vs.

ORDER

DENISE DEYOTT and MIKE
FERRITER,
Defendants.

Plaintiff Ricky Usrey (“Usrey”) has filed a Motion for a Temporary
Restraining Order and Preliminary Injunction. Doc. No. 32. Usrey contends he is
being denied meaningful access to the courts by continued retaliation against him
because he has filed this lawsuit. The motion will be denied.
Federal courts are courts of limited 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(1983); 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.

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This action is proceeding against Defendants for allegedly interfering with
Usrey’s mail. The relief sought in Usrey’s motion 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 Usrey.
IT IS ORDERED that:
Usrey’s Motion for Temporary Restraining Order and Preliminary
Injunction (Doc. No. 32) is denied.
DATED this 30th day of July, 2013.

/s/ Dana L. Christensen
Dana L. Christensen, Chief Judge
United States District Court

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