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Sumpter v. Skiff

United States Court of Appeals, Second Circuit
Jan 15, 2008
260 F. App'x 350 (2d Cir. 2008)

Summary

holding that the district court did not err in denying the petitioner's motion for injunctive relief sought against a nonparty where the nonparty was not named as a defendant in the petitioner's complaint, and where the nonparty did not fall into any of the exceptions listed in Rule 65(d) (citing United States v. Regan, 858 F.2d 115, 120 (2d Cir. 1988))

Summary of this case from Johnson v. Allick

Opinion

No. 07-0311-pr.

January 15, 2008.

ON SUBMISSION and UPON DUE CONSIDERATION of this appeal from an order entered in the United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge), it is hereby ORDERED, ADJUDGED, AND DECREED, that the order of the district court is AFFIRMED.

Willie Sumpter, pro se, Brooklyn, NY, for Plaintiff-Appellant.

Kate H. Nepveu, Assistant Solicitor General (Barbara D. Underwood, Nancy A. Spiegel), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

PRESENT: Hon. CHESTER J. STRAUB, Hon. SONIA SOTOMAYOR, and Hon. RICHARD C. WESLEY, Circuit Judges.


SUMMARY ORDER

Plaintiff-Appellant Willie Sumpter, proceeding pro se, appeals from a November 28, 2006, 2006 WL 3453416, order of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge) denying Sumpter's motion for injunctive relief. We assume the parties' familiarity with the procedural history, facts, and relevant issues on appeal.

"We review the grant or denial of a preliminary injunction by a district court for abuse of discretion." Lush v. Vill. of Cold Spring, 475 F.3d 480, 484 (2d Cir. 2007) (citation omitted). An abuse of discretion ordinarily consists of applying an incorrect legal standard or relying on clearly erroneous findings of fact. Grand River Enter. Six Nations, Ltd. v. Pryor, 481 F.3d 60, 66 (2d Cir. 2007).

At the time of Sumpter's motion, Federal Rule of Civil Procedure 65(d) stated, in relevant part, that injunctions and restraining orders are "binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those in active concert or participation with them. . . ." Fed.R.Civ.P. 65(d)(2) (2007); see also United States v. Regan, 858 F.2d 115, 120 (2d Cir. 1988) ("[A] court generally may not issue an order against a nonparty.").

Effective December 1, 2007, slylistic changes were made to Rule 65(d) that are not pertinent to this appeal. See Fed.R.Civ.P. 65(d).

The district court did not exceed its allowable discretion in denying Sumpter's application for injunctive relief. The New York State Division of Parole (the "Division"), to which Sumpter's motion was directed, was not named as a defendant in the underlying action and does not fall within any of the exceptions listed in Rule 65(d). Thus, the district court did not have the authority to order injunctive relief against the Division. See Fed.R.Civ.P. 65(d); Regan, 858 F.2d at 120; see also Doctor's Assocs., Inc. v. Reinert Duree, P.C., 191 F.3d 297, 304 (2d Cir. 1999) (fact that the nonparty appellants and the federal defendants shared the same interests and attorneys "created no special representational relationship" between them).

Accordingly, the order of the District Court is AFFIRMED. Plaintiffs motion to amend the caption is DENIED.


Summaries of

Sumpter v. Skiff

United States Court of Appeals, Second Circuit
Jan 15, 2008
260 F. App'x 350 (2d Cir. 2008)

holding that the district court did not err in denying the petitioner's motion for injunctive relief sought against a nonparty where the nonparty was not named as a defendant in the petitioner's complaint, and where the nonparty did not fall into any of the exceptions listed in Rule 65(d) (citing United States v. Regan, 858 F.2d 115, 120 (2d Cir. 1988))

Summary of this case from Johnson v. Allick

holding that the district court did not err in denying petitioner's motion for injunctive relief sought from a nonparty, the New York State Division of Parole, where the Division of Parole was not named as a defendant in petitioner's claim, and where they did not fall into any of the exceptions listed in Rule 65(d)

Summary of this case from Brenda Justice v. Kuhnapfel

finding no error in district court denying application for preliminary injunction against non-party who did not fall within one of the exceptions under Rule 65(d)

Summary of this case from Williams v. Rodriguez
Case details for

Sumpter v. Skiff

Case Details

Full title:Willie SUMPTER, Plaintiff-Appellant, v. D. SKIFF, Counselor, Gouverneur…

Court:United States Court of Appeals, Second Circuit

Date published: Jan 15, 2008

Citations

260 F. App'x 350 (2d Cir. 2008)

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But "a court generally may not issue an order against a nonparty." Sumpter v. Skiff, 260 F. App'x 350, 350-51…

Williams v. Rodriguez

A district court lacks authority to order injunctive relief against non-parties unless the non-parties fall…