Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Applewhite v. Sheahan

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


December 1, 2009

CHRIS APPLEWHITE 99-A-6852, PLAINTIFF,
v.
CAPTAIN MICHEAL SHEAHAN, ET AL., DEFENDANTS.
CHRIS APPLEWHITE 99-A-6852, PLAINTIFF,
v.
MICHAEL MCGINNIS, SUPERINTENDENT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

DECISION & ORDER

Plaintiff has sent correspondence to the Court dated November 23 and November 24, 2009, seeking either a temporary restraining order ("TRO") or preliminary injunction ("PI") against Sergeant L. Dick ("Dick") and Deputy Superintendent for Security Gary W. Richards ("Richards"). Plaintiff alleges, and encloses documents showing, that Dick recommended that Plaintiff be deprived of all paper as a result of continually threatening to cover his cell window with paper on November 19, 20, 21, 22 and 23, 2009. Richards approved of the recommendation and, on November 24, 2009, issued a memorandum to Plaintiff informing him that he was not in compliance with Directive 4913 - Inmate Property Limits - and would have to divest himself of two draft bags of papers in order to come into compliance with that directive.

Neither Richards nor Dick is a party to either of Plaintiff's lawsuits pending in this Court. "A court must have in personam jurisdiction over a party before it can validly enter even an interlocutory injunction against him. 7 Moore's Federal Practice, A. 65.04(3); see 601 West 26 Corp. v. Solitron Devices, Inc., 291 F.Supp. 882, 895 (S.D.N.Y. 1968), aff'd, 420 F.2d 293 (2d Cir. 1969)." Visual Sciences, Inc. v. Integrated Communications Inc., 660 F.2d 56, 59 (2d Cir. 1981). Here, Plaintiff has not even alleged a prima facie showing of in personam jurisdiction over Richards or Dick, and even if he had done so, that alone would be inadequate for the Court to consider a request for injunctive relief. Id. Consequently, Plaintiff's letter applications dated November 23 and November 24, 2009, for a TRO or PI are denied for lack of in personam jurisdiction.

IT IS SO ORDERED.

Rochester, New York

20091201

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.