ANGLE v. MONTAG, No. 1:2021cv00252 - Document 33 (W.D. Pa. 2022)
Court Description: MEMORANDUM OPINION re 29 MOTION for Preliminary Injunction filed by BRYAN ANGLE, II. Signed by United States Magistrate Judge Richard A. Lanzillo on 4/19/2022. (mdb)
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ANGLE v. MONTAG Doc. 33 Case 1:21-cv-00252-RAL Document 33 Filed 04/19/22 Page 1 of 5 Dockets.Justia.com Case 1:21-cv-00252-RAL Document 33 Filed 04/19/22 Page 2 of 5 Case 1:21-cv-00252-RAL Document 33 Filed 04/19/22 Page 3 of 5 Case 1:21-cv-00252-RAL Document 33 Filed 04/19/22 Page 4 of 5 Case 1:21-cv-00252-RAL Document 33 Filed 04/19/22 Page 5 of 5 constructively had his day in court." Marshall v. Sobina, 2014 WL 4437705,at *4 (W.D. Pa. Sept. 9,2014) (denying prisoner's motion for preliminary injunction against non-parties; citing cases) (citing Fed. R. Civ. P. 65(d)(2); Harris County, Tex. v. CarMax Auto Superstores Inc., 177 F3d 306,314 (5th Cir. 1999)). What's more,the Court cannot grant a motion for preliminary injunction regarding his dental care at SCI-Fayette when Angle's complaint alleges inadequate dental treatment at SCI-Forest. See Kaimowitz v. Orlando, Fla., 122 F.3d 41,43 (11th Cir. 1997) (rejecting injunctive relief where it "is not of the same character,and deals with a matter lying wholly outside the issues in the suit") (citing De Beers Consol. Mines v. United States, 325 U.S. 212,220 (1945)). IV. Conclusion For these reasons,Angle's motion for preliminary injunction at ECF No. 29 is DENIED. A separate order follows. DATED: April 19,2022 BY THE COURT: Jiµ UNITED STATES MAGISTRATE JUDGE 5
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