Jones v. Nebraska Department of Correctional Services et al

Filing 61

ORDER Plaintiff's motion for preliminary injunction, Filing No. 60 , is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (LRM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARVEL JONES,
Plaintiff,

8:21CV251

vs.
ORDER
UNKNOWN-UNNAME, Director of Nebraska
Department of Correctional Services, in
his/her individual capacity; UNKNOWNUNNAME, Director I of Nebraska
Department of Correctional Services, in
his/her individual capacity; UNKNOWNUNNAME, Director II of Nebraska
Department of Correctional Services, in
his/her individual capacity; UNKNOWNUNNAME, Associate Director of Nebraska
Department of Correctional Services, in
his/her individual capacity; TECUMSEH
STATE CORRECTIONAL INSTITUTION,
UNKNOWN-UNNAME, Warden of
Tecumseh State Correctional Institution, in
his/her individual capacity; UKNOWNUNNAME, Deputy Warden of Tecumseh
State Correctional Institution, in his/her
individual capacity; UNKNOWN-UNNAME,
Associate Warden of Tecumseh State
Correctional Institution, in his/her individual
capacity; UKNOWN-UNNAME, Librarian of
Tecumseh State Correctional Institution, in
his/her individual capacity; UKNOWNUNNAME, Warden of Nebraska State
Penitentiary, in his/her individual capacity;
NEBRASKA STATE PENITENTIARY,
UKNOWN-UNNAME, Associate Warden of
Nebraska State Penitentiary, in his/her
individual capacity; UKNOWN-UNNAME,
Deputy Warden of Nebraska State
Penitentiary, in his/her individual capacity;
LIBRARIAN OF NEBRASKA STATE
PENITENTIARY, in his/her individual
capacity; OMAHA CORRECTIONAL
CENTER, UKNOWN-UNNAME, Warden of
Omaha Correctional Center, in his/her
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individual capacity; UKNOWN-UNNAME,
Associate Warden of Omaha Correctional
Center, in his/her individual capacity;
UKNOWN-UNNAME, Deputy Warden of
Omaha Correctional Center, in his/her
individual capacity; and UKNOWNUNNAME, Librarian of Omaha Correctional
Center, in his/her individual capacity;
Defendants.
This matter comes before the Court on Plaintiff’s, Marvel Jones’s, motion for
preliminary injunction.

Filing No. 60. Jones has sued various unidentified Nebraska

prison officials regarding what he alleges are unconstitutional law library policies. Filing
No. 1. He now moves to enjoin Norfolk Regional Center, the facility at which is he
presently civilly committed, from enforcing its policies regarding copying legal documents.
Filing No. 60. He argues the policies limit his access to the courts.
Norfolk Regional Center is not a defendant to this case. See Filing No. 1. “[A]
nonparty may be enjoined under Rule 65(d) only when its interests closely ‘identify with’
those of the defendant, when the nonparty and defendant stand in ‘privity,’ or when the
defendant ‘represents’ or ‘controls’ the nonparty.” Thompson v. Freeman, 648 F.2d 1144,
1147 (8th Cir. 1981) (citing Chase National Bank v. City of Norwalk, 291 U.S. 431, 436–
37 (1934)). Here, there is no evidence and no allegation that Norfolk Regional Center is
in privity with the unnamed prison officials such that would permit the Court to enjoin it as
a nonparty. Furthermore, Jones’s arguments in favor of the injunction are distinct from
the issues he raises in his complaint, meaning he cannot show a likelihood of prevailing
on the merits of his case (because his motion does not even address the merits of his
case). See Dataphase Sys., Inc. v. C L Sys., Inc., 640 F.2d 109, 114 (8th Cir. 1981)

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(requiring, inter alia, a showing of likelihood of success on the merits to support the
granting of injunctive relief). Lastly, although Jones lodges complaints about Norfolk
Regional Center’s inefficient copying policies relating to legal documents, he has been
able to make numerous filings in this case, demonstrating his continued access to the
courts.
Accordingly,
IT IS ORDERED:
1. Plaintiff’s motion for preliminary injunction, Filing No. 60, is denied.
Dated this 25th day of September, 2024.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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