Opinion
1:23-CV-00367-RAL
01-22-2024
JIHAAD AMORE HARRISON, Plaintiff v. PATRICIA THOMPSON, et al., Defendants
SUSAN PARADISE BAXTER, United States District Judge
REPORT AND RECOMMENDATION ON MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
ECF NO. 1
RICHARD A. LANZILLO, CHIEF UNITED STATES MAGISTRATE JUDGE
I. Report and Recommendation
Jihaad Amore Harrison, an inmate presently incarcerated at the State Correctional Institution at Albion, has filed a motion seeking emergency relief in the form of a temporary restraining order and preliminary injunction. See ECF No. 1. Harrison has not filed a complaint, paid the filing fee, or sought leave to proceed in forma pauperis.
It is respectfully recommended that Harrison's motion be dismissed. The purpose of a preliminary injunction is “merely to preserve the relative positions of the parties until a trial on the merits can be held.” St. Thomas-St. John Hotel & Tourism Ass'n. Inc. v. Government of U.S. Virgin Islands ex rel. Virgin Islands Dept. of Labor, 357 F.3d 297, 301 (3d Cir.2004). Consequently, a request for injunctive relief “must, of necessity, bear a relationship to the underlying merits of the suit.” Straton v. Tony, 2006 WL 3840802, at *2 (W.D. Pa. Dec. 22, 2006) (citing Devose v. Harrington, 42 F.3d 470, 471 (8th Cir. 1994)). Where no complaint has been filed, the court cannot make this determination and, accordingly, lacks jurisdiction to entertain the petition for injunctive relief. See, e.g., Straton, 2006 WL 3840802, at *2 (“[I]n the absence of a complaint, there is no way for this Court to ascertain whether the remedies sought in the motion for injunctive relief and the claims made therein bear any relationship to the as-yet non-existent complaint.”); Adair v. England, 193 F.Supp.2d 196, 200 (D.D.C. 2002) (“When no complaint is filed, the court lacks jurisdiction to entertain the plaintiff's petition for injunctive relief.”). Such is the case here.
If Harrison wishes to pursue a claim for injunctive relief, he must first file a complaint that contains sufficient factual detail to satisfy Rule 8 of the Federal Rules of Civil Procedure. In practical terms, this means that Plaintiff must identify the rights under the Constitution, laws, or treaties of the United States that have been violated, name and identify the individual officials responsible for those alleged violations, and provide specific details as to how each individual was involved in the deprivation of his civil rights. Plaintiff should note that, in civil rights cases, more than conclusory and vague allegations are required to state a cause of action under 42 U.S.C. § 1983. Rather, Plaintiff should be as specific as possible about the particulars of the event and how the alleged misconduct resulted in a violation or denial of the civil right at issue. This description should include references to relevant dates, times, and locations, and should explain to the Court how each defendant's behavior, action, or inaction contributed to the alleged violation. Plaintiff should also explain what he is seeking by way of relief.
In addition, Plaintiff must either:
1) tender to the "Clerk, U.S. District Court" the statutory filing fee in the amount of $350.00, plus a $55.00 administrative fee, for a total of $405.00, or
2) file a properly completed application to proceed in forma pauperis, including “an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). In addition to the aforementioned affidavit, Plaintiff is further required to “submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2). Finally, Plaintiff must submit an executed authorization form authorizing the custodian of his inmate account to withdraw funds from his account to pay to the Clerk, United States District Court for the Western District of Pennsylvania.
For the foregoing reasons, Plaintiff's motion for preliminary injunction should be denied and the Clerk should be directed to administratively close this case.Once a proper complaint has been filed, the appropriate individuals have been served, and the court obtains personal jurisdiction over those defendants, Plaintiff may renew his motion for injunctive relief, if appropriate. See Stratton, 2006 WL 3840802, at *2.
Such an administrative termination is not a “dismissal.” Rather, it is an “administrative convenience” that permits the Court to remove the case from its active calendar until such time as it is ripe for reactivation or adjudication. Penn West Assocs., Inc. v. Cohen, 371 F.3d 118, 127 (3d Cir. 2004) (endorsing the judicious use of administrative closures) (quoting source omitted). Because an administration termination “has no legal significance beyond removing the case from [the court's] active docket,” it does not prejudice the substantive rights of the parties. Massey v. Pfeifer, 2017 WL 6729366, at *1 (W.D. Pa. Oct. 27, 2017). That said, failure to comply with this order within a reasonable time may result in a recommendation that this matter be dismissed for failure to prosecute.
II. Notice
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), Fed.R.Civ.P. 72((b)(2), and Local Rule 72(D)(2), the parties are permitted to file written objections in accordance with the schedule established in the docket entry reflecting the filing of this Report and Recommendation. Failure to timely file objections will waive the right to appeal. Brightwell v. Lehman, 637 F.3d 187, 193 n. 7 (3d Cir. 2011). Any party opposing objections may file their response to the objections within fourteen (14) days thereafter in accordance with Local Civil Rule 72(D)(2).