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Sherrod v. Murgin

United States District Court, D. Arizona

February 19, 2014

Roosevelt Marquize Sherrod, Plaintiff,
v.
Murgin, et al., Defendants.

ORDER

ROBERT C. BROOMFIELD, Senior District Judge.

Plaintiff Roosevelt Marquize Sherrod, who is confined in the Arizona State Prison Complex-Eyman, filed a pro se "Motion for Emergency Order Medical Treatment" (Doc. 1). Plaintiff also filed an incomplete Application to Proceed In Forma Pauperis (Doc. 2). Motions for injunctive relief are not independent actions but, rather, a means to seek extraordinary relief in an ongoing action that has been initiated by filing a complaint or other proper petition that alleges jurisdictional facts. Indeed, Rule 65 of the Federal Rules of Civil Procedure, which provides for the granting of preliminary injunctions and temporary restraining orders, "was designed solely as a procedural tool to expedite the action and accommodate the court and the litigants" and "does not confer either subject matter or personal jurisdiction on the court." Citizens Concerned for the Separation of Church and State v. City and County of Denver, 628 F.2d 1289, 1299 (10th Cir. 1980) (citation omitted). Before seeking injunctive relief, Plaintiff must first have a Complaint pending before the Court. See Stewart v. United States Immigration & Naturalization Serv., 762 F.2d 193, 198 (2d Cir. 1985) ("Only after an action has been commenced can preliminary injunctive relief be obtained.") (citing Fed.R.Civ.P. 65(a)(2)); see also Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994) (per curiam) (a party seeking injunctive relief must establish a relationship between the claimed injury and the conduct asserted in the complaint). Because there is no Complaint pending before the Court in this case, Plaintiff's "Motion for Emergency Order Medical Treatment" is not properly before the Court. Accordingly, the Court will deny the "Motion for Emergency Order Medical Treatment" and will direct the Clerk of Court to close this case.

Plaintiff is not precluded from filing a motion for an injunction in a new case, if Plaintiff, in the new case, first files a civil rights complaint on a court-approved form and either pays the $350.00 filing fee and $50.00 administrative fee[1] or files a complete Application to Proceed In Forma Pauperis. The Court will direct the Clerk of Court to provide Plaintiff with forms for filing a civil rights Complaint and an Application to Proceed In Forma Pauperis.

IT IS ORDERED:

(1) Plaintiff's "Motion for Emergency Order Medical Treatment" (Doc. 1) is denied without prejudice.

(2) Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is denied as moot.

(3) The Clerk of Court must close this case and enter judgment accordingly.

(4) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner and a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas).


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