Beaver v. Western State Hospital et al

Filing 10

ORDER re 5 MOTION For No Contact Order filed by Rickey A. Beaver signed by Magistrate Judge Karen L Strombom. The Clerk shall strike motion [dkt 5] and plaintiff may re-file his motion for temporary restraining after defendants have been served and appeared in this action. (MET) cc: plaintiff (Modified on 5/23/2011) (MET).

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 RICKEY A. BEAVER, No. C11-5351 RBL/KLS Plaintiff, 9 ORDER RE: PLAINTIFF’S MOTION FOR NO CONTACT ORDER v. 10 11 12 WESTERN STATE HOSPITAL, JONATHAN SHARRETTE, JESS JAMISON, and MARY L. JONES, Defendants. 13 14 This civil rights action has been referred to United States Magistrate Judge Karen L. 15 Strombom pursuant to 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. Plaintiff is presently 16 confined at Western State Hospital in Steilacoom, Washington. Under separate Order, Plaintiff 17 18 has been granted leave to proceed in forma pauperis. ECF No. 3. The Court is also directing 19 service of his complaint. At the time he filed his complaint, Plaintiff also filed a “Motion for No 20 Contact Order.” ECF No. 5. Plaintiff asks the Court to “place a no contact order” between him 21 and Jonathan Sharette. Id. 22 23 Plaintiff is not entitled to preliminary injunctive relief until such time as the defendants he seeks to restrain have been served with the summons and complaint. See Zepeda v. United 24 States Immigration Service, 753 F.2d 719, 727 (9th Cir.1985) (“A federal court may issue an 25 26 injunction if it has personal jurisdiction over the parties and subject matter jurisdiction over the ORDER - 1 1 claim; it may not attempt to determine the rights of persons not before the court.”). At this 2 juncture, therefore, Plaintiff’s requests for injunctive relief are premature. 3 4 In addition, under Federal Rule of Civil Procedure 65(a)(1), no preliminary injunction can be issued without notice to the opposing party. A temporary restraining order may be 5 granted under Rule 65(b), but only if: 6 1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or that party=s attorney can be heard in opposition, and 2) 7 the [applicant] certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required. 8 9 10 11 12 Plaintiff is advised that if he seeks relief from the court, he must set forth his requests in a 13 pleading or motion and that he must serve copies of all pleadings and motions on all Defendants 14 through their counsel of record pursuant to Fed.R.Civ.P. 5(b)(1). Pursuant to Fed.R.Civ.P. 5(d), 15 Plaintiff is also required to attach and file a certificate of service stating that he has served all 16 Defendants with the pleading and/or motion every time he files and serves a document. 17 Plaintiff is also advised that unless otherwise ordered by the court, all motions will be 18 19 decided by the court without oral argument and parties are not to appear on the date the motion is 20 noted unless directed by the court. CR 7(b)(4). 21 Accordingly, it is ORDERED: 22 1) 23 24 The Clerk shall strike Plaintiff’s Motion for No Contact Order (ECF No. 5). Plaintiff may re-file his motion for temporary restraining order after Defendants have been properly served with the complaint and have appeared in this action, by filing a notice and 25 26 serving it on the Defendants or their counsel. The motion may be scheduled on the court’s calendar for the third Friday after filing and service of the motion. ORDER - 2 1 2) The Clerk is directed to send copies of this Order to Plaintiff. 2 3 DATED this 23rd day of May, 2011. 4 A 5 Karen L. Strombom United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 3

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