Opinion
CIVIL ACTION 18-884-JWD-RLB
04-25-2019
RULING
Before the Court is the plaintiff's Motion for Preliminary Injunction (R. Doc. 6-1). In order to obtain injunctive relief, the plaintiff must establish: (1) a substantial likelihood of prevailing on the merits; (2) a substantial threat of irreparable injury if the injunction is not granted; (3) the threatened injury outweighs any harm that will result to the non-movant if the injunction is granted; and (4) the injunction will not disserve the public interest. See Ridgely v. Fed. Emergency Mgmt. Agency, 512 F.3d 727, 734 (5th Cir. 2008). If a plaintiff fails to meet his burden regarding any of the necessary elements, the Court need not address the other elements necessary for granting a preliminary injunction. See Roho, Inc. v. Marquis, 902 F.2d 356, 261 (5th Cir. 1990) (declining to address the remaining elements necessary to obtain a preliminary injunction after finding that the plaintiff failed to show a substantial likelihood of success on the merits).
On the record before the Court, the plaintiff is not entitled to the relief requested. The plaintiff is unable to demonstrate a substantial likelihood of success on the merits. The plaintiff asserts in his Motion that some or all of his claims have not been exhausted as mandated by 42 U.S.C. § 1997e. See R. Doc. 6-1, p. 12. Though the plaintiff asserts that he has attempted to exhaust his claims, the plaintiff has not supported this assertion with any documentary evidence. Accordingly,
IT IS ORDERED that the plaintiff's Motion for Preliminary Injunction (R. Doc. 6-1) is DENIED.
Signed in Baton Rouge, Louisiana, on April 25, 2019.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA