Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Albert DeLeon,

) ) Plaintiff, ) ) vs. ) ) Dora Schriro, et al., ) ) Defendants. ) ______________________________)

CV 04-0446-PHX-PGR (MS)

ORDER

Pending before the Court is an "Emergency Motion for Court Order of
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Prohabitation [sic] Order to Stop Desist Ioterlocutory Order [sic]" (Doc. # 185). This
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motion was filed by Karl Adolph Frantz, who identifies himself as the affected party in
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interest.
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The movant is not a party to this action. Accordingly, the Court does not have
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jurisdiction to address his personal claims of retaliation by prison staff, or their
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disciplinary actions against him.
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Moreover, even if the Court determined that the Emergency Motion for Court
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Order was filed by Plaintiff on behalf of Mr. Frantz, Plaintiff would not have standing to
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seek redress of those claims. If a person raising a claim does not have standing to bring
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his claim, a "case or controversy" does not exist under Article III of the Federal
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Constitution. Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 2204 (1975). Plaintiff
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would not have standing unless he suffered "an injury in fact." Valley Forge Christian
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College v. Americans United for Separation of Church and State, 454 U.S. 464, 473,
Case 2:04-cv-00446-JAT Document 193 Filed 12/20/2005 Page 1 of 2

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102 S.Ct. 752, 759 (1982). Because claimants usually must assert their own "legal rights and interests" and cannot make claims based upon the "legal rights and interests of third parties." Warth, 422 U.S. at 499, 95 S.Ct. at 2205, the Court cannot address claims on behalf of third parties. Accordingly, the motion will be denied. IT IS ORDERED THAT the "Emergency Motion for Court Order of Prohabitation [sic] Order to Stop Desist Ioterlocutory Order [sic]" (Doc. # 185) is DENIED.

DATED this 20th day of December, 2005.

Case 2:04-cv-00446-JAT

2 Document 193

Filed 12/20/2005

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