Bearchild v. Cobban et al

Filing 15

ORDER denying 14 Motion for Intervention and Sanctions. Signed by Judge Dana L. Christensen on 1/9/2015. Mailed to Bearchild. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
DEWAYNE BEARCHILD,

FILED

JAN 0 9 2015
CI1,t!<. y.S. District Court

Istrict.Of Montana

MIssoula

CV 14-00012-H-DLC-RKS

Plaintiff,
ORDER

vs.
KRISTY COBBAN, SGT. PASHA,
SAM JOVANOVICH, TOM BLAZ,
DAN JOHNSON and C/O
SHASHLINGE,
Defendants.

Plaintiff Dewayne Bearchild has filed a "Request for Court Intervention and
Sanctions for Defendant Sgt. Pasha Committing Witness Tampering, and
Threatening Plaintiff's Witnesses as well as Retaliation for Plaintiff, Mr.
Bearchild, seeking Access and Meaningful Access to Court." (Doc. 14.) The
filing has been liberally construed as a motion for a temporary restraining order or
preliminary injunction.
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 ifit

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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.").
Here, although Defendants have waived service, they have not yet entered an
appearance and have not yet responded to the Complaint.
More importantly, Mr. Bearchild couches Sgt. Pasha's alleged activities as
witness tampering but the individuals discussed in Bearchild' s most recent filing
were not listed as witnesses to the event at issue in the Complaint. (Doc. 2 at 9.)
Accordingly, IT IS HEREBY ORDERED that the Motion for Intervention
and Sanctions (Doc. 14) is DENIED.
DATED this

q ~ day of January,
Dana L. Christensen, Chief Judge
United States District Court

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