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Monte L. Haney v. M. P. Hernandez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 14, 2012

MONTE L. HANEY
PLAINTIFF,
v.
M. P. HERNANDEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER DENYING PLAINTIFF'S MOTION FOR COURT ORDER (ECF No. 49)

Plaintiff Monte L. Haney is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 6, 2012, an order adopting the findings and recommendations issued and this action was dismissed and judgment. (ECF No. 47, 48.) On November 8, 2012, Plaintiff filed a motion for a court order. (ECF No. 49.)

Federal courts are courts of limited jurisdiction and in considering a request for injunctive relief, the Court is bound by the requirement that as a preliminary matter, it have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982). If the Court does not have an actual case or controversy before it, it has no power to hear the matter in question. Id. "[The] triad of injury in fact, causation, and redressability constitutes the core of Article III's case-or-controversy requirement, and the party invoking federal jurisdiction bears the burden of establishing its existence." Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 103-04, 118 S.Ct. 1003 (1998).

Since this action has been dismissed there is no case or controversy before the Court upon which relief can be granted. Accordingly Plaintiff's motion for a temporary restraining order, filed November 8, 2012, is HEREBY DENIED.

IT IS SO ORDERED.

20121114

© 1992-2012 VersusLaw Inc.



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