Free Order on Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

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. ~ Case 3:03-cv-00944-RNC Document 22 Filed O2/10/2004 Page10f2 I
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I UNITED STATES DISTRICT COURT _' I__ 5
DISTRICT OF CONNECTICUT
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‘ TIQI-I I`·`I;'I II) I!) gi: *§I.< I
· _ JAMES MCKINNON, : I I "‘ I
I , . I De,S DIDD I
I Plaintiff, ; .j.yIp&§E]II%EII __,. I
I ` : I`¤.I(w•s`. I s‘LIi'*1L}» L I.
I V- I CASE NO. 3:O3CVO0944 (RNC) I
I _ YVONNE COLETTE, et al., _ I I
Defendants. ; I
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RULING AND ORDER
James McKinnon, currently confined at the Walker Reception I
and Special Management Unit ("Walker") in Suffield, Connecticut, I
brings this civil rights action against employees of Cheshire I
Correctional Institution, where he was previously confined. I
Plaintiff has filed three motions for immediate relief, which the I
‘ court construes as motions for preliminary injunctive relief. I
For the reasons stated below, all three motions are denied. I
I. Discussion I
I The first motion [Doc. #13] appears to seek an order that I
plaintiff be allowed to file an action against a person named I
"Negron." The second motion [Doc. #16] seeks a court order I
directing a Captain Burke to provide plaintiff with legal work.
The third motion [Doc. #19] appears to seek an injunction
requiring certain personnel at Walker to give him certain I
medication and food. I
A court must have jurisdiction over a person before it can I
_ validly enter even a preliminary injunction against him. See I
Weitzman v. Stein, 897 F.2d 653, 658 (2d Cir. 1990). Because the I
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" "'"` Case 3:03-cv—OO944—RNC Document 22 Filed O2/10/2004 Page20f2
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I persons from whom plaintiff seeks relief are not defendants in I
I I this action, the court does not have jurisdiction over them, and I
I cannot enter injunctions against them. I
I If plaintiff wishes to obtain injunctions against the I
I persons named in these motions, he must bring a separate
I complaint against them. In order to obtain an injunction to I
receive medical care, plaintiff must allege that defendants I
inflicted cruel and unusual punishment on him in violation of the
Eighth Amendment. The complaint must establish that plaintiff's I
‘ medical condition is objectively serious, and that the defendants I
acted with deliberate indifference to his medical needs. grggk _ I
v. Wright, 315 F.3d 158, 162 (2d Cir. 2003). To obtain a I
· preliminary injunction, he will also have to show that he will I
suffer irreparable harm if not granted the injunction, and that I
. his Eighth Amendment claim has either a substantial likelihood of I
success, or raises sufficiently serious questions going to the I
merits to make them fair ground for litigation. Random House,
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Inc. v. Rosetta Books LLC, 283 F.3d 490, 491 (2d Cir. 2002). I
II. Conclusion
The plaintiff's motions [Docs. ## 13, 16, 19] are denied.
_ So ordered. {QL U
Dated at Hartford, Connecticut this _ii[ day of February I
, / I
United States District Judge I
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