Wilson v. Plummer et al

Filing 50

ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (Doc. 49 ). Signed by Judge Timothy S. Black on 1/2/2014. (mr1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTHONY L. WILSON,
Plaintiff,

Case No.: 3:12-CV-337
Judge Timothy S. Black
Magistrate Judge Michael J. Newman

vs.
PHIL PLUMMER, et al.,
Defendants.

ORDER DENYING PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTION (Doc. 49)

This is a pro se § 1983 suit brought against officials at the Montgomery County,
Ohio Jail, where Plaintiff was incarcerated pending his trial in the Montgomery County
Common Pleas Court.
Plaintiff has since been transferred to, and is now incarcerated at, the London
Correctional Institution (“LCI”) in London, Ohio. (Doc. 43 at PageID 366).
During a recent telephone conference with the Court and opposing counsel,
Plaintiff discussed his need to have access to legal materials at LCI. To that end, he has
now filed a motion for a Preliminary Injunction. (Doc. 49). Specifically, he seeks
additional time at the LCI law library, and he seeks relief prospectively from the LCI
Warden “and her subordinates.” 1 (Id. at PageID 390).

1 Plaintiff seeks injunctive relief to prevent any retaliation that might possibly occur as a
result of filing the instant motion. (Doc. 49 at PageID 390-91). Even if such claim were not
premature, the Court lacks jurisdiction to consider this request as set forth in this Order. See
infra.

LCI and its employees are controlled not by the Defendants named in this suit, but
by the Ohio Department of Rehabilitation and Corrections (“ODRC”). Neither the
ODRC nor the LCI employees from whom Plaintiff seeks relief are named as parties
here. (See Doc. 43 at PageID 365) (clarifying that all of the Defendants named in
Plaintiff’s second amended complaint are associated only with the Montgomery County
Jail).
Accordingly, the Court therefore lacks jurisdiction to even consider granting the
relief that Plaintiff seeks. See Fed. R. Civ. P. 65(d)(2) (limiting the binding effect of a
Preliminary Injunction or Temporary Restraining Order to “the parties; the parties’
officers, agents, servants, employees, and attorneys; and other persons who are in active
concert or participation with [such persons]”).
Wherefore, the Court DENIES Plaintiff’s motion for injunctive relief (Doc. 49).

Date: 1/2/14

/s/ Timothy S. Black
Timothy S. Black
United States District Judge

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