Hagan v. Beard et al
Filing
101
ORDER denying plaintiff's motion for prelim injunction 84 . (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/13/12. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAMONT HAGAN,
Plaintiff
v.
JEFFREY BEARD, et al.,
Defendants
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CIVIL ACTION NO. 1:10-CV-0883
(Judge Conner)
ORDER
AND NOW, this 13th day of April, 2012, upon consideration plaintiff’s motion
for a preliminary injunction (Doc. 84), in which he seeks to enjoin Tadd Bickell, the
Superintendent at the State Correctional Institution at Huntingdon1, and a nonparty, from destroying his legal property relating to the instant civil action, and it
appearing that plaintiff concedes that this Court lacks jurisdiction because he
“[c]an not challenge defendants’ allegations that Hagan can not request a
preliminary injunction against a non-party” (Doc. 97, at 1) (see Elliott v.
Kiesewetter, 98 F.3d 47, 56 (3d Cir. 1996) (finding that “[a] non-party cannot be
bound by the terms of an injunction unless the non-party is found to be acting ‘in
Plaintiff brings this civil rights action against present and former State
Correctional Institution at Camp Hill Special Management Unit staff. (Doc. 45 at
1-2.)
1
active concert or participation’ with the party against whom injunctive relief is
sought. Fed. R. Civ. P. 65(d)’”), it is hereby ORDERED that the motion (Doc. 84) is
DENIED.
S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge
2
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