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- ilcd;;4:16-cv-04057_de7 RegisterActionDate "2016-04-27" @default.
- ilcd;;4:16-cv-04057_de7 RegisterActionDescriptionText "TEXT ORDER: Plaintiff filed a complaint alleging deliberate indifference in the treatment of his left wrist pain. He now files a request for an emergency order 6 , as to his right wrist. He claims that his right wrist is "now in the same condition as his left wrist". He asks that the Court issue an Order that he be given an MRI and any necessary treatment, to include surgery. 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). The purpose of a temporary restraining order and ultimately a preliminary injunction is to preserve the status quo pending a final hearing on the merits of the case. American Hospital Assn v. Harris, 625 F.2d 1328, 1330 (7th Cir. 1980). 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, Plaintiff fails to successfully allege any of the three requirements, most particularly that he is at risk of irreparable harm if the request is not granted. Motion 6 is DENIED. Furthermore, if Plaintiff wishes to pursue a claim as to his right wrist he must file a new, separate cause of action. Plaintiff's Motion to Proceed In Forma Pauperis 2 is GRANTED. Entered by Judge Sue E. Myerscough on 4/27/2016. (MJ, ilcd) (Entered: 04/27/2016)" @default.
- ilcd;;4:16-cv-04057_de7 AdministrativeID "None" @default.
- ilcd;;4:16-cv-04057_de7 hasJudgeReference SJ001511 @default.
- ilcd;;4:16-cv-04057_de7 hasReferenceToOtherEntry ilcd;;4:16-cv-04057_de1 @default.
- ilcd;;4:16-cv-04057_de7 hasReferenceToOtherEntry ilcd;;4:16-cv-04057_de6 @default.