Opinion
2:24-CV-10411
03-05-2024
BRYAN ALLEN CARY, Plaintiff, v. TESKE, Defendant,
OPINION AND ORDER DENYING THE MOTION FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION (ECF NO. 8).
HON. NANCY G. EDMUNDS UNITED STATES DISTRICT JUDGE.
Plaintiff filed a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983. The case was dismissed without prejudice pursuant to 28 U.S.C. § 1915(g), because plaintiff had at least three prior civil rights complaints that had been dismissed by federal courts for being frivolous, malicious, or for failing to state a claim upon which relief could be granted. Mr. Cary also subsequently had twelve cases dismissed under 28 U.S.C. §1915(g) based on these prior frivolity dismissals. Cary v. Teske, No. 2:24-CV-10411, 2024 WL 730285 (E.D. Mich. Feb. 22, 2024).
Plaintiff has now filed a motion for a temporary restraining order or a preliminary injunction. Plaintiff has been barred from filing this action without prepayment of fees pursuant to 28 U.S.C. § 1915(g), accordingly, the Court will deny plaintiffs motion for injunctive relief for the same reason. See e.g. Aiea v. Dennis, 83 Fed. App'x 115 (6th Cir. 2003).
IT IS HEREBY ORDERED that the motion for a temporary restraining order and/or preliminary injunction (ECF No. 8) is DENIED pursuant to 28 U.S.C. § 1915(g).