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- ilcd;;1:16-cv-01194_de22 RegisterActionDate "2016-07-28" @default.
- ilcd;;1:16-cv-01194_de22 RegisterActionDescriptionText "TEXT ORDER entered by Judge Colin Stirling Bruce on 7/28/2016. Plaintiff files 12 , a second Motion for Temporary Restraining Order, reiterating the claims in the prior Motion which had been denied. [Text order of June 8, 2016]. Plaintiff asserts that he has had a metal plate in his jaw for 17 years. About one year ago, he began experiencing pain and was referred to an outside oral surgeon. The oral surgeon undertook a surgical removal in which he was able to take out some, but not all of the plate. The records show that the plate had become fused to Plaintiff's bone and further attempts at removal were abandoned. Plaintiff seeks a Temporary Restraining Order requiring that he undergo additional surgery to remove the plate. A temporary restraining order is an extraordinary and drastic remedy that should not be granted unless the movant, by a clear showing, carries the burden of persuasion. Allen-Bey v. Indiana State Prison, 2009 WL 3245201, at *1 (N.D. Ind. Oct. 1, 2009). To prevail, "the moving party must demonstrate: (1) a likelihood of success on the merits; (2) a lack of an adequate remedy at law; and (3) an irreparable harm will result if the injunction is not granted." Foodcomm Int'l v. Barry, 328 F.3d 300, 303 (7th Cir. 2003) (citations omitted). If the moving party meets the first three requirements, then the district court balances the relative harms that could be caused to either party. Incredible Tech., Inc. v. Virtual Tech., Inc., 400 F.3d 1007, 1011 (7th Cir. 2005); see also Lambert v. Buss, 498 F.3d 446, 451 (7th Cir. 2007); Turley v Rednour, 2011 WL 1897922, at *1 (S.D. Ill. May 18, 2011). Here, it is unlikely that Plaintiff would prevail on the merits as s a specialist has apparently deemed the surgery inadvisable. Furthermore, Plaintiff has an adequate remedy at law, as this claim forms the basis of his section 1983 complaint. The Court will not, at this juncture, order surgical intervention which appears to be contraindicated. This issue must await a more fully developed record. 12 is DENIED. (JMB, ilcd) (Entered: 07/28/2016)" @default.
- ilcd;;1:16-cv-01194_de22 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01194_de22 hasReferenceToOtherEntry ilcd;;1:16-cv-01194_de15 @default.