Myers v. Andzel

Full title: MICHAEL MYERS, Plaintiff, v. ANN ANDZEL, Defendant

Court: United States District Court, S.D. New York

Date published: Oct 8, 2007

06 Civ. 14420 (RWS) (S.D.N.Y. Oct. 8, 2007)

Opinion

06 Civ. 14420 (RWS).

October 8, 2007

MEMORANDUM OPINION AND ORDER

ROBERT SWEET, District Judge

Plaintiff Michael Myers ("Plaintiff" or "Myers") has filed, on May 29, 2007, a "Motion to Force Ann Andzel to Remove All Regular Hearing Inmates from D-23 Company That is Only to be Used for the Hearing Impairment in the Clarkson v. Goord Case Because of Discrimination Base on Our Hearing Impairment by Correction Officers and Corrections Staffs." The motion requests that the Court order Defendant Ann Andzel ("Defendant" or "Andzel") to reconfigure the distribution of inmates housed at Wende Correctional Facility.

In order to obtain a preliminary injunction, a party must demonstrate

(1) that he or she will suffer irreparable harm absent injunctive relief, and (2) either (a) that he or she is likely to succeed on the merits, or (b) that there are sufficiently serious questions going to the merits to make them a fair ground for litigation, and that the balance of hardships tips decidedly in favor of the moving party.

Moore v. Consol. Edison Co. of N.Y., Inc., 409 F.3d 506, 510 (2d Cir. 2005) (internal quotation marks and citation omitted).

Here, Plaintiff has failed to submit evidence or authorities demonstrating that he would suffer irreparable harm, establishing a likelihood of success on the merits, or showing any particular hardship necessitating immediate action by the Court.

Plaintiff's motion is denied.

It is so ordered.