Aplin v. Oregon Department of Corrections et al

Filing 7

ORDER: Plaintiff's Motion is denied. Signed on 10/3/17 by Judge Michael W. Mosman. (Mailed copy to plaintiff) (dsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
COLBY LEE APLIN,
Case No. 6:17-cv-01222-MO
Plaintiff,
ORDER

v.
OREGON
DEPARTMENT
CORRECTIONS, et al.,

OF

Defendants.
MOSMAN, District Judge.
This case comes before the court on plaintiff's Motion for
Restraining Order (#6).
if it
matter

has

personal

jurisdiction

"A federal court may issue an injunction

jurisdiction
over

the

over

claim;

the parties
it

may

not

and

attempt

determine the rights of persons not before the court."

v.

United States

Immigration

Service,

753

F. 2d

subject

719,

to

Zepeda
727

(9th

Cir. 1985). Where defendants have not yet waived service or been

1 - ORDER

served in this case,

the court lacks power to grant plaintiff's

requested relief. Accordingly, plaintiff's Motion is denied.
IT IS SO ORDERED.
DATED this

~day

of October, 2017.

United St

2 - ORDER

Judge