Opinion
Case No. 2:09-cv-00302-MSB.
November 29, 2010
ORDER
On October 12, 2010, Plaintiff Shabondy Lamar Simpson filed a Motion for a Temporary Restraining Order. (Dkt. # 27). For the following reasons, the Court denies the motion.
I. Background
Simpson filed this action under 42 U.S.C. § 1983 against several Folsom Prison officials, alleging that they violated his First Amendment rights and engaged in malicious prosecution. (Dkt. # 1). Simpson is currently housed at California State Prison-Solano in Vacaville, California. (Dkt. # 27, at 1). Previously, Simpson was housed at High Desert State Prison in Susanville, California. ( Id.) Simpson's complaint names only Folsom Prison officials as defendants; it does not name any High Desert State Prison or Solano Prison officials.
Simpson's Motion for a Temporary Restraining Order alleges that Solano Prison Correctional Officers Baker and Long — who, again, are not defendants in this case — retaliated against Simpson for being a "jailhouse lawyer" by arbitrarily denying him family visits on account of this action. (Dkt. # 27, at 2-6). Simpson proposes that the Folsom Prison officials — who are defendants in this case — appear before the Court and explain why Officers Baker and Long are retaliating against Simpson. ( Id., at 3). Simpson further requests that the Court permanently enjoin Officers Baker and Long and Solano Prison Warden Swarthout from "restricting Plaintiff[']s Family Visit with his wife Stacey Simpson." ( Id.).
II. Discussion
The Court is unable to issue an order against individuals who are not party to the action before it. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 110 (1969) ("The consistent constitutional rule has been that a court has no power to adjudicate a personal claim or obligation unless it has jurisdiction over the person of the defendant.") (citations omitted). Simpson's motion only seeks to enjoin conduct by non-parties. It is therefore beyond the scope of this suit and concerns parties over whom the Court does not have personal jurisdiction.
Accordingly,
IT IS HEREBY ORDERED THAT:
Plaintiff's Motion for a Temporary Restraining Order (Dkt. # 27) is DENIED.
DATED this 24th day of November, 2010.