Opinion
CIVIL ACTION NO. 1:10-CV-0883
04-13-2012
DAMONT HAGAN, Plaintiff v. JEFFREY BEARD, et al., Defendants
(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 Huntingdon, and a non-party, 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 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.
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.)
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CHRISTOPHER C. CONNER
United States District Judge