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- ilcd;;1:16-cv-01333_de90 RegisterActionDate "2018-07-18" @default.
- ilcd;;1:16-cv-01333_de90 RegisterActionDescriptionText "TEXT ORDER entered by Judge Michael M. Mihm on 7/18/2018. Plaintiff files 63 , a motion for issuance of a temporary restraining order ("TRO") and preliminary injunction. Here, Plaintiff repeats the allegations that on July 22, 2015, Defendants Boland and Baylor confiscated his legal documents and placed him in segregation in retaliation for Plaintiff's filing grievances and a lawsuit. He adds that on May 3, 2018, Defendant Baylor, at Defendant Boland's direction, searched Plaintiff's cell and confiscated and discarded legal papers and personal property. Plaintiff asserts, without detail, that twice Defendant Boland fabricated statements to interfere with Plaintiff's medical treatment. Plaintiff requests a TRO and injunction to prevent any further acts of retaliation. A TRO is issued without notice to the other party and only upon a showing of "immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(2); Duncan v. Quinn, 14-CV-01167-MJR, 2014 WL 5543961, at *12 (S.D. Ill. Nov. 3, 2014) (emphasis in original). A preliminary injunction will issue where the movant can prove that he will suffer irreparable harm during the time prior to final resolution of his claims, the inadequacy of legal remedies available, and some likelihood of success on the merits. Ty, Inc. v. Jones Group, Inc., 237 F.3d 891, 895 (7th Cir. 2001). The Seventh Circuit has repeatedly stated that a preliminary injunction is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it. Girl Scouts of Manitou Council, Inc. v. Girl Scouts of U.S.A., Inc., 549 F.3d 1079, 1085 (7th Cir. 2008). Here, Plaintiff clearly has an adequate remedy at law and has provided no evidence that he will suffer irreparable harm if injunctive relief is not granted. 63 is DENIED. (JS, ilcd) (Entered: 07/18/2018)" @default.
- ilcd;;1:16-cv-01333_de90 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01333_de90 hasJudgeReference SJ001506 @default.
- ilcd;;1:16-cv-01333_de90 hasReferenceToOtherEntry ilcd;;1:16-cv-01333_de85 @default.