Opinion
C. A. 22-1634-SAL-PJG
01-10-2023
Stephen J. Green, Plaintiff, v. Director Brian Sterling; Warden Charles Williams; Deputy Warden John Palmer, Defendants.
REPORT AND RECOMMENDATION
PAIGE J. GOSSETT, UNITED STATES MAGISTRATE JUDGE
Plaintiff Timothy Stephen J. Green, a self-represented state prisoner, filed this civil rights action pursuant to 42 U.S.C. § 1983. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.) for a Report and Recommendation on Plaintiff's motion for a temporary restraining order. (ECF No. 5.) The defendants filed a response in opposition (ECF No. 24), and Plaintiff replied (ECF No. 31). Having reviewed the motion and pleadings in this case, the court concludes the motion should be denied.
The court construed Plaintiff's Complaint as asserting claims pursuant to the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. §§ 2000cc et seq.; and claims pursuant to 42 U.S.C. § 1983 for violations of the First Amendment's Free Exercise Clause, the Eighth Amendment's Cruel and Unusual Punishment Clause, and the Fourteenth Amendment's Equal Protection Clause. Plaintiff's claims are mostly based on his allegations that prison officials forcibly cut his hair on multiple occasions in violation of his Rastafarian beliefs, and slammed him to the ground and denied him medical treatment. Because the defendants have had notice of Plaintiff's motion, the court is treating the motion as one under Rule 65(a) of the Federal Rules of Civil Procedure rather than Rule 65(b).
“Preliminary injunctions are not to be granted automatically.” Wetzel v. Edwards, 635 F.2d 283, 286 (4th Cir. 1980). Such relief regarding the administration of a state prison should be granted only in compelling circumstances. See Taylor v. Freeman, 34 F.3d 266, 269 (4th Cir. 1994). Moreover, the United States Court of Appeals for the Fourth Circuit has long recognized the “wide ranging deference” that the judiciary must show prison administrators with regard to matters within their discretion. See Wetzel, 635 F.2d at 288 (discussing the complexities of running a penal institution and the reluctance of federal courts to interfere in the problems of prison administration).
A plaintiff seeking a temporary restraining order or preliminary injunction must establish all four of the following elements: (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in his favor; and (4) an injunction is in the public interest. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); The Real Truth About Obama, Inc. v. Fed. Election Comm'n, 575 F.3d 342, 346-47 (4th Cir. 2009), vacated on other grounds by 559 U.S. 1089 (2010), reissued in part by 607 F.3d 355 (4th Cir. 2010), overruling Blackwelder Furniture Co. of Statesville v. Seilig Mfg. Co., 550 F.2d 189 (4th Cir. 1977). A plaintiff must make a clear showing that he is likely to succeed on the merits of his claim. Winter, 555 U.S. at 22; Real Truth, 575 F.3d at 345-46. Similarly, he must make a clear showing that he is likely to be irreparably harmed absent injunctive relief. Winter, 555 U.S. at 20-23; Real Truth, 575 F.3d at 347. Only then may the court consider whether the balance of equities tips in the plaintiff's favor. See Real Truth, 575 F.3d at 346-47. Finally, the court must pay particular regard to the public consequences of employing the extraordinary relief of injunction. Real Truth, 575 F.3d at 347 (quoting Winter, 555 U.S. at 24).
The portions of Real Truth that were reissued by the Fourth Circuit are Parts I and II found at 575 F.3d at 345-47, which are the sections addressing injunctions that are relied upon in the court's Report and Recommendation.
Based on Winter, the Real Truth Court expressly rejected and overruled Blackwelder's sliding scale approach, which allowed a plaintiff to obtain an injunction with a strong showing of a probability of success even if he demonstrated only a possibility of irreparable harm. Real Truth, 575 F.3d at 347; Winter, 555 U.S. at 21-23.
Plaintiff has failed to establish that he is likely to succeed on the merits. See Winter, 555 U.S. at 22. The defendants provide affidavit testimony from the warden at Perry Correctional Institution in support of their response in opposition refuting Plaintiff's claims, including averring that a forced haircut did not occur and that Plaintiff is not a Rastafarian. (Williams Aff., ECF No. 24-1.) Plaintiff does not refute this testimony in his reply. Moreover, Plaintiff's motion provides no information on when he might receive a future haircut and no argument as to why a haircut would harm his alleged First Amendment rights or how it would be irreparable. See Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985) (stating that courts are not required to “conjure up questions never squarely presented to them”); Small v. Endicott, 998 F.2d 411, 41718 (7th Cir. 1993) (“[J]udges are not . . . requested to construct a party's legal arguments for him.”); see also Winter, 555 U.S. at 20-23. Furthermore, the public interest here appears to weigh against interfering with the administrative discretion of prison officials. Winter, 555 U.S. at 24 (emphasizing the importance of public interest); Wetzel v. Edwards, 635 F.2d 283, 288 (4th Cir. 1980) (noting that decisions by prison administrators have been accorded wide-ranging deference by the federal courts). Accordingly, based on the record currently before the court, Plaintiff has not satisfied the required elements and has thus failed to demonstrate that these circumstances warrant the extraordinary remedy he seeks. Winter, 555 U.S. at 22 (stating that a mere possibility of harm is not sufficient to warrant injunctive relief).
RECOMMENDATION
Based on the foregoing, the court recommends Plaintiff's motion be denied. (ECF No. 5.)
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.' ” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); see Fed.R.Civ.P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk
United States District Court
901 Richland Street
Columbia, South Carolina 29201
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).