Peck v. State of Nevada, ex rel et al

Filing 164

ORDER Denying 161 Motion for Preliminary Injunction and 162 Motion for Temporary Restraining Order. Signed by Judge Andrew P. Gordon on 2/5/2021. (Copies have been distributed pursuant to the NEF - DRS)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 FRANK M. PECK,
4

Plaintiff

5 v.

Case No.: 2:18-cv-00237-APG-VCF
Order Denying Motions for Temporary
Restraining Order and Preliminary
Injunction

6 STATE OF NEVADA, et al.,
7
8

[ECF Nos. 161, 162]

Defendants
Plaintiff Frank Peck moves to require the Nevada Department of Corrections to “stop the

9 use of masks that protect the wearer and no one else.” ECF No. 161 at 3. Preliminary injunctive
10 relief is appropriate where “the intermediate relief [is] of the same character as that which may
11 be granted finally.” De Beers Consol. Mines v. United States, 325 U.S. 212, 220 (1945). But a
12 court cannot issue an injunction that “deals with a matter lying wholly outside the issues in the
13 suit.” Id. Peck’s requested relief is wholly outside the issues in this lawsuit.
14

I THEREFORE ORDER that plaintiff Frank Peck’s motions for preliminary injunction

15 and restraining order (ECF Nos. 161, 162) are DENIED.
16

DATED this 5th day of February, 2021.

17
18
19
20
21
22
23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE