Barakat v. Fisher

1 Citing case

  1. Munt v. Larson

    Case No. 15-cv-0582 (SRN/SER) (D. Minn. Sep. 23, 2015)   Cited 22 times
    Applying the Dataphase factors to a preliminary injunction

    ) Such conclusory statements are not enough to state a claim, let alone show the likelihood of success on the merits necessary for issuing a preliminary injunction. See Jones v. Norris, 310 F.3d 610, 612 (8th Cir. 2002) (prisoner's failure to show deliberate indifference, besides his own conclusory allegations, warranted dismissal of his complaint as frivolous); Barakat v. Fisher, No. 13-cv-1296 (JNE/SER), 2013 WL 6058932, at *12-13 (D. Minn. Nov. 18, 2013) appeal dismissed, 564 F. App'x 866 (8th Cir. 2014) (denying prisoner preliminary injunctive relief when underlying complaint dismissed as frivolous). Plaintiff failed to show deliberate indifference on the part of any of the Defendants. Without this showing, he has not established any likelihood of success on the merits of his 42 U.S.C. ยง 1983 claim, let alone the "fair chance of prevailing" required for preliminary injunctive relief. See Planned Parenthood Minn., N.D., S.D. v. Rounds, 530 F.3d 724, 732 (8th Cir. 2008).