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- ilcd;;4:17-cv-04095_de7 RegisterActionDate "2017-07-20" @default.
- ilcd;;4:17-cv-04095_de7 RegisterActionDescriptionText "TEXT ORDER entered by Judge Sara Darrow on July 20, 2017. Petitioner filed a 5 motion for temporary restraining order on July 19, 2017, seeking an order to prevent Rushville staff and other Rushville inmates from "bring[ing] the unofficial death penalty sentence," Mot. TRO 55, to him by trying to "infect [his] food trays with HIV," id. at 72. Like a preliminary injunction, a court issues a TRO "to preserve the status quo and prevent irreparable harm until the court has an opportunity to rule on the lawsuit's merits." Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994). And like a preliminary injunction, a TRO is "appropriate only if it seeks relief of the same character sought in the underlying suit and deals with a matter presented in that underlying suit." Howard v. Bartow, No. 14-cv-237, 2014 WL 6819308, at *3 (E.D. Wis. Dec. 2, 2014) (collecting cases). Petitioner's application for habeas relief alleges malicious prosecution in state court. His motion for TRO claims that he is being retaliated against by prison authorities for filing a separate lawsuit against Rushville's Program Director in state court. Because Petitioner seeks relief for a matter not presented in his underlying claim under 28 U.S.C. 2254, injunctive relief is not appropriate. In addition, Petitioner has not shown, as he must to prevail on a motion for TRO, that he will suffer irreparable loss if this Court does not issue a restraining order before the adverse party can be heard, and he has not shown, as he must, that he made any effort to serve the adverse party in this case. Fed. R. Civ. P. 65(b)(1). His motion is DENIED. (SC, ilcd) (Entered: 07/20/2017)" @default.
- ilcd;;4:17-cv-04095_de7 AdministrativeID "None" @default.
- ilcd;;4:17-cv-04095_de7 hasJudgeReference SJ001510 @default.
- ilcd;;4:17-cv-04095_de7 hasReferenceToOtherEntry ilcd;;4:17-cv-04095_de6 @default.