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Muhammad v. Sisto

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 19, 2010

SHAKA S. MUHAMMAD, PLAINTIFF,
v.
D.K. SISTO, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's May 7, 2010 motion for a temporary restraining order/preliminary injunction.

"A federal court may issue an injunction if it has personal jurisdiction over the parties and subject matter over the claim;it may, [however,] not attempt to determine the rights of persons not before the court." Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985). By order filed April 23, 2010, the court directed the United States Marshal to request a waiver of service of summons from each named defendant. As of the date of this order, none of the defendants have waived service nor have they been personally served process by the United States Marshal.*fn1 Therefore, at this juncture, defendants are not yet parties before the court and plaintiff's motion for a preliminary injunction is premature. Plaintiff may re-file his motion seeking preliminary relief after defendants have been served.

Accordingly, IT IS HEREBY ORDERED that plaintiff's May 7, 2010 motion for a temporary restraining order/preliminary injunction (Doc. No. 14) is denied, without prejudice, as premature.


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