IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
April 13, 2012
JEFFREY BEARD, ET AL., DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 13th day of April, 2012, upon consideration plaintiff's motion for a preliminary injunction (Doc. 84), in which he seeks to enjoin Tadd Bickell, the Superintendent at the State Correctional Institution at Huntingdon*fn1 , and a non-party, from destroying his legal property relating to the instant civil action, and it appearing that plaintiff concedes that this Court lacks jurisdiction because he "[c]an not challenge defendants' allegations that Hagan can not request a preliminary injunction against a non-party" (Doc. 97, at 1) (see Elliott v. Kiesewetter, 98 F.3d 47, 56 (3d Cir. 1996) (finding that "[a] non-party cannot be bound by the terms of an injunction unless the non-party is found to be acting 'in active concert or participation' with the party against whom injunctive relief is sought. Fed. R. Civ. P. 65(d)'"), it is hereby ORDERED that the motion (Doc. 84) is DENIED.
CHRISTOPHER C. CONNER United States District Judge