Rivera v. Mathena et al

Filing 148

OPINION AND ORDER denying 147 Motion for Preliminary Injunction. Signed by Senior Judge James P. Jones on 4/13/2022. (Opinion and Order mailed to Pro Se Party via US Mail)(aab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DENIS RIVERA,
Plaintiff,
v.
RANDALL C. MATHENA, ET AL.,
Defendants.

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Case No. 7:16CV00346
OPINION AND ORDER
JUDGE JAMES P. JONES

Denis Rivera, Pro Se Plaintiff.
This prisoner civil rights action closed in October 2021 after the parties
reached a settlement. Plaintiff Denis Rivera was then represented by counsel. Now,
five months later, he has filed a pro se motion seeking interlocutory relief based on
recent events entirely unrelated to the underlying cause of action in this case. I will
deny his motion as unrelated to the underlying action.
“[A] preliminary injunction may never issue to prevent an injury or harm
which not even the moving party contends was caused by the wrong claimed in the
underlying action.” Omega World Travel v. TWA, 111 F.3d 14, 16 (4th Cir. 1997).
To warrant interlocutory relief, the movant “must necessarily establish a relationship
between the injury claimed in the party’s motion and the conduct asserted in the

complaint.” Id. Rivera’s current motion fails to make these required connections.
Accordingly, it is ORDERED that the motion, ECF No. 147, is DENIED.
ENTER: April 13, 2022
/s/ JAMES P. JONES
Senior United States District Judge

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