Peck v. State of Nevada, ex rel

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA FRANK M. PECK, Case No.: 2:18-cv-00237-APG-VCF 4 Plaintiff Order Denying Motions for Temporary Restraining Order and Preliminary v. Injunction STATE OF NEVADA, et al., [ECF Nos. 161, 162] 7 Defendants 8 Plaintiff Frank Peck moves to require the Nevada Department of Corrections to “stop the use of masks that protect the wearer and no one else.” ECF No. 161 at 3. Preliminary injunctive 10}| relief is appropriate where “the intermediate relief [is] of the same character as that which may granted finally.” De Beers Consol. Mines v. United States, 325 U.S. 212, 220 (1945). Buta court cannot issue an injunction that “deals with a matter lying wholly outside the issues in the suit.” Id. Peck’s requested relief is wholly outside the issues in this lawsuit. 14 I THEREFORE ORDER that plaintiff Frank Peck’s motions for preliminary injunction and restraining order (ECF Nos. 161, 162) are DENIED. 16 DATED this 5th day of February, 2021. 17 ANDREWP.GORDON. SS 19 UNITED STATES DISTRICT JUDGE

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