Stacy v. Jefferson County Sheriff et al

Filing 16

ORDER. Based on the foregoing, plaintiff's Motion for Preliminary Injunction 12 is DENIED. IT IS SO ORDERED. Signed on 06/29/09 by Judge Garr M. King. (pvh)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON THADDEUS STACY, Plaintiff, v. RODD CLARK, et al., Defendants. KING, Judge Plaintiff, currently an inmate at Coffee Creek Correctional Facility, brings this civil rights action against Jefferson and Crook County officials, pro se. Currently before the court is CV. 08-6412-KI ORDER

plaintiff's motion for a preliminary injunction. Defendants have not filed an opposition to plaintiff's motion for preliminary injunction because they have yet to be served with plaintiff's second amended complaint. Although this court seeks

waiver of service from institutional defendants on behalf of prisoners proceeding in forma pauperis, the court has yet to do so in this case because plaintiff has indicated his intent to file a third amended complaint. (See Order (#9) & Motion (#10).)

1 - ORDER

Plaintiff recently sought an extension to July 6, 2009, to file his third amended complaint. (Motion (#14).)

In plaintiff's pending motion for preliminary injunction, he seeks an order compelling officials of the Oregon Department of Corrections (ODOC) to provide him access to legal materials in his cell presumably in excess of that permitted by Or. Rule Admin. P. 291-117-0100. Because no ODOC official is a party to this

proceeding, the motion is denied.

See Zepeda v. INS, 753 F.2d 719,

727 (9th Cir. 1985) (federal court may not issue injunction so as to determine the rights of persons not properly before the court); Fed. R. Civ. P. 65(d) (injunction or restraining order is binding only upon parties or those in privity). CONCLUSION Based on the foregoing, plaintiff's motion for preliminary injunction (#12) is DENIED. IT IS SO ORDERED. DATED this 29th day of June, 2009.

/s/ Garr M. King Garr M. King United States District Judge

2 - ORDER