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Walsh v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 7, 2008

RORY M. WALSH, PLAINTIFF
v.
THE UNITED STATES OF AMERICA, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 7th day of April, 2008, upon consideration of the "motion for issuance of restraining order and/or protective order and to rejoin the Navy" (Doc. 291),*fn1 in which pro se plaintiff seeks a restraining or protective order pursuant to 18 U.S.C. §§ 1514, 3771 for the alleged continued harassment and surveillance by defendant General James L. Jones, Jr. or individuals acting on behalf of defendant Jones,*fn2 and it appearing that an attorney for the government has not applied for this temporary restraining order and the above-captioned matter is not a criminal case, see 18 U.S.C. § 1514(a)(1) ("A United States district court, upon application of the attorney for the Government, shall issue a temporary restraining order prohibiting harassment of a victim or witness in a Federal criminal case . . . ." (emphasis added)), and that the evidence presented in the instant motion is insufficient for the court to find that plaintiff satisfies the definition of a crime victim in 18 U.S.C. § 3771 or that defendant Jones or individuals acting on behalf of defendant Jones have committed a federal offense, see id. § 3771(a)(1) ("A crime victim has the following rights: . . . [t]he right to be reasonably protected from the accused."); id. § 3771(e) (defining "crime victim" as "a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia"), it is hereby ORDERED that the motion (Doc. 291) is DENIED.*fn3

CHRISTOPHER C. CONNER United States District Judge


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