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- ilcd;;1:17-cv-01581_de22 RegisterActionDate "2018-10-18" @default.
- ilcd;;1:17-cv-01581_de22 RegisterActionDescriptionText "TEXT ONLY ORDER entered by Judge Joe Billy McDade on 10/18/2018. Plaintiff files 10 , a motion to compel the Pontiac medical staff to provide testing to determine the reason for his rectal bleeding. Plaintiff states that he has been given hemorrhoid cream which provide some relief, but that he has never been told he has hemorrhoids. The Court reviews the motion as a request for injunctive relief. 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). A party seeking the injunction has the burden to 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). Here, Plaintiff has an adequate remedy at law, the underlying lawsuit in which he has alleged deliberate indifference in the treatment of the bleeding. See Ezell v. City of Chicago, 651 F.3d 684, 694 (7th Cir.2011). Furthermore, Plaintiff alleges seeing blood on toilet paper after wiping himself, rather than frank bleeding, and fails to allege that he will suffer irreparable harm if this case is not allowed to proceed in the normal course. 10 is GRANTED to the extent that the Motion for injunctive relief will be consolidated for a trial on the merits, pursuant to Fed.R.Civ.P 65(a)(2) (the Court may consolidate a motion for preliminary injunction with a trial on the merits). 10 is otherwise DENIED. (RK, ilcd) (Entered: 10/18/2018)" @default.
- ilcd;;1:17-cv-01581_de22 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01581_de22 hasReferenceToOtherEntry ilcd;;1:17-cv-01581_de12 @default.