Israel Nava Arellano v. David R. Rivas

Summary

The United States District Court for the District of Arizona construed Israel Nava Arellano’s petition for postage fees as a motion for injunctive relief. The court denied the motion and the application to proceed in forma pauperis without prejudice and directed the Clerk to close the case, explaining that injunctive relief must be sought in an action initiated by a proper complaint or petition.

Holdings

1. A motion for injunctive relief is not an independent action; a party must first commence an action by filing a complaint or other proper petition alleging jurisdictional facts before seeking preliminary injunctive relief.
2. The petition seeking postage fees and the application to proceed in forma pauperis are denied without prejudice, and the case is dismissed because no complaint was pending.

Questions Presented

1. Whether a prisoner may obtain preliminary injunctive relief when no complaint or other proper initiating pleading is pending before the court.
2. Whether the petition and application to proceed in forma pauperis should be denied and the case dismissed.

Disposition

dismissed