Opinion
2:04-CV-0024.
April 29, 2004
REPORT AND RECOMMENDATION TO DENY MOTION FOR TEMPORARY INJUNCTION
Plaintiff's pleading entitled "Temporary Restraining Order" was received by the Clerk on February 2, 2004, along with plaintiff's payment of the $150.00 filing fee. After review, the pleading was filed as a prisoner civil rights suit. Out of an abundance of caution, the Court is also addressing the pleading as if it were a facially-sufficient motion for injunctive relief or temporary restraining order.
By his pleading, plaintiff recounts events occurring over the years from 1991 to the present, but says he "cannot and will not tell [the Court] the complete story now" and requests that a Marshal be sent to interview plaintiff so that "between [the Court] and him [the Court] could find a salution [sic] to [plaintiff's] troubles.
In order to secure a preliminary injunction a movant has the burden of proving four elements:
1. A substantial likelihood of success on the merits;
2. A substantial threat that movant will suffer irreparable injury if the injunction is not issued;
3. That the threatened injury to the movant outweighs any damage the injunction might cause to the opponent; and
4. That the injunction will not be adverse to the public interest. Dallas Cowboys Cheerleaders v. Scoreboard Posters, Inc., 600 F.2d 1184, 1187 (5th Cir. 1979).
The Court has reviewed plaintiff's pleading and notes he does not even provide dates for each event he alleges and does not identify anyone he sues as a defendant in connection with each event he appears to feel was wrongful. As has also been made clear, plaintiff does not state what specific relief he is seeking.
It is clear plaintiff has not shown the requisites needed to support a grant of the requested injunctive relief.
CONCLUSION
For the reasons set forth above, it is the RECOMMENDATION of the Magistrate Judge to the United States District Judge that plaintiff's motion entitled "Temporary Restrainign Order" be DENIED.
The United States District Clerk shall mail a copy of this Report and Recommendation to plaintiff and to each attorney of record by certified mail, return receipt requested.
Any party may object to the proposed findings and to the Report and Recommendation within fourteen (14) days from the date of this Order. Rule 72, Federal Rules of Civil Procedure, and Rule 4(a)(1) of Miscellaneous Order No. 6, as authorized by Local Rule 3.1, Local Rules of the United States District Courts for the Northern District of Texas. Any such objections shall be in writing and shall specifically identify the portions of the findings, recommendation, or report to which objection is made, and set out fully the basis for each objection. Objecting parties shall file the written objections with the Clerk of the Court and serve a copy of such objections on the Magistrate Judge and on all other parties. The failure to timely file written objections to the proposed factual findings, legal conclusions, and the recommendation contained in this report shall bar an aggrieved party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court. Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) ( en banc).
IT IS SO RECOMMENDED.