Opinion
CAUSE NO. 3:19-CV-1097-PPS-MGG
01-14-2020
DONALD J. STANLEY, Plaintiff, v. WEXFORD MEDICAL SERVICES, Defendant.
OPINION AND ORDER
Donald J. Stanley, an inmate at the Westville Correctional Facility, filed a second motion seeking a preliminary injunction. (ECF 10.) In this case, Stanley is proceeding against the Warden of the Westville Correctional Facility on a single claim under the Eighth Amendment for injunctive relief to provide Stanley with adequate treatment for his sleep apnea. In his second motion seeking a preliminary injunction, Stanley does not seek an order concerning medical care for his sleep apnea - the only relief available to him for the claim he is proceeding on. Instead, he alleges that he has been retaliated against in a variety of ways and seeks an injunction to prevent further retaliation.
I've already explained to Stanley that "[a] preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (emphasis in original). To obtain a preliminary injunction, the moving party must show: (1) he will suffer irreparable harm before the final resolution of his claims; (2) available remedies at law are inadequate; and (3) he has a likelihood of success on the merits. See BBL, Inc. v. City of Angola, 809 F.3d 317, 323-24 (7th Cir. 2015).
As with his first request for a preliminary injunction, Stanley again seeks relief that falls outside the scope of the claim he was granted leave to proceed on - the claim for adequate treatment for his sleep apnea. Furthermore, Stanley makes no mention of being denied the use of his CPAP machine. Thus, I cannot find that he has a sufficient likelihood of success on the claim he is proceeding on to warrant a preliminary injunction.
If Stanley wishes to raise claims other than those included in his original complaint (ECF 1), he may file an amended complaint. See Fed. R. Civ. P. 15(a)(1)(B). Should he choose to amend his complaint, the amended complaint must contain all of his claims against all of the defendants he is suing. See N.D. Ind. L.R. 15-1(b)(1) (requiring that an amended complaint contain "the entire pleading as amended..."). To file an amended complaint, Stanley needs to put the cause number of this case on a Prisoner Complaint (INND Rev. 8/16) form, which is available in his prison law library. After completing the form, he needs to send it to the clerk.
Stanley has also filed a motion asking for a hearing regarding how his sleep apnea will be treated. (ECF 8.) While Stanley was granted leave to proceed against Warden Galipeau on a claim for injunctive relief, the court did not determine that preliminary injunctive relief was warranted. While Stanley has filed a motion for preliminary injunction, as indicated above, the motion does not seek treatment for his sleep apnea. A hearing is unnecessary at this time. Furthermore, at this juncture, the record does not demonstrate that Warden Galipeau has been served (ECF 5; ECF 9), so the request is also premature.
ACCORDINGLY:
Plaintiff Donald J. Stanley's request for a hearing (ECF 8) and request for a preliminary injunction (ECF 10) are DENIED.
SO ORDERED on January 14, 2010.
/s/ Philip P. Simon
JUDGE
UNITED STATES DISTRICT COURT