ROBERT B. KUGLER, District Judge.
This matter comes before the Court on three motions filed by federal inmate James Lester Roudabush, Jr. ("Plaintiff"). Specifically, Plaintiff filed a Motion for a Temporary Restraining Order and Permanent Injunction (Doc. No. 65), a Motion to Recuse this Court and Motion for a Change of Venue (Doc. No. 66), and, finally, a Motion to Enjoin the Retaliation of Defendants' Associates (Doc. No. 86). For the reasons stated herein, Plaintiffs' Motions will be denied.
Plaintiff is a federal inmate currently incarcerated at F.C.I. Fort Dix in Fort Dix, New Jersey. He is proceeding
Plaintiff alleges that he was beaten in his cell at Burlington County Jail in Mount Holly, New Jersey, on or about September 20, 2011 by Pirelli, Cuccini, and an unnamed John Doe correctional officer. A second unnamed John Doe officer had opened Plaintiff's cell door to allow these three individuals to enter. Plaintiff was beaten on his head by these officers and called names as they also stated that they would kill him. Plaintiff allegedly still suffers from severe headaches and blurred vision due to this beating. He also sustained bruises and scratches over his eye. After the beating, Pirelli, Cuccini, the John Doe officer, and Larkins allegedly denied Plaintiff the right to see medical personnel.
Plaintiff further states that the whole incident was planned on or about September 20, 2011 by Larkins, Pirelli, Cuccini, and the John Doe officer. He claims these individuals met prior to the beating for planning purposes. Plaintiff also alleges that Larkins assigned the three individuals who beat him to Plaintiff's area even though they were not normally assigned to that area so that they could carry out the beating. Finally, Plaintiff also claims that Defendants' actions were in retaliation for a civil action that Plaintiff was pursuing in this Court.
Plaintiff filed his complaint on July 31, 2013. (Doc. No. 1.) The Court administratively terminated the case, as Plaintiff had failed to pay the filing fee or submit a complete application to proceed
After the Court permitted these claims to proceed, Magistrate Judge Donio denied Plaintiff's Motions for the Appointment of
In its June 12, 2014 Order (Doc. No. 76), this Court denied several motions filed by Plaintiff, including his motion to order the FBOP to follow the income garnishment procedure outlined in the Court's order granting
Now again before this Court are eight pending motions filed by Plaintiff from March 10, 2015 to July 28, 2015. The Court considers herein only three of those motions, namely Plaintiff's motion for a temporary restraining order and permanent injunction (Doc. 65), motion for this court's recusal and change of venue (Doc. No. 66), and, lastly, motion to enjoin retaliation by the Defendant's Associates (Doc. No. 86).
Plaintiff requests that this Court grant a temporary restraining order and permanent injunction against J. Hollingsworth ("Hollingsworth"), Plaintiff's Custodian and Warden of F.C.I. Fort Dix. Plaintiff alleges that Hollingsworth kept him in isolation for ten days as retaliation for Plaintiff's complaints to the prison administration and the courts. (Doc. No. 65 at 2.) He also alleges that is being punished on account of his political opinions and has been denied paper supplies, commissary, grievance forms, and health care. (
To obtain a permanent injunction, a plaintiff must show actual success on the merits.
In order to be granted the extraordinary relief of a preliminary injunction, a plaintiff has the burden of showing, at a minimum, a likelihood of success on the merits and that he will likely face irreparable harm without an injunction.
The Court finds that injunctive relief is not appropriate here. First, Plaintiff's Motion fails the party association requirement of Rule 65(d)(2)(A)-(C). Plaintiff files this Motion to enjoin a non-party, Hollingsworth, the Warden of the Ft. Dix, from keeping Plaintiff in isolation. Plaintiff has established no connection between Hollingsworth and any named parties, all of whom are associated with Burlington County Jail, an entirely separate correctional institution. Moreover, Plaintiff's motion is unrelated to the complaint because it presents a new conflict between Plaintiff and prison staff from a separate correctional institution. An injunction is an inappropriate remedy to a motion that "deals with a matter lying wholly outside the issues in the suit."
Plaintiff moves for recusal of this Court (Doc. No. 66). The legal standard for recusal of district court judges is codified in 28 U.S.C. §§ 144 and 455. Section 144 provides for recusal "[w]henever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party." 28 U.S.C. § 144. To be "legally sufficient," the facts must "give fair support to the charge of a bent of mind that may prevent or impede impartiality of judgment."
Under § 455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. § 455(a). Such disqualification is crucial to maintaining "the public's confidence in the judiciary, which may be irreparably harmed if a case is allowed to proceed before a judge who appears to be tainted."
Plaintiff has provided no facts suggesting a bias or prejudice meriting recusal.
Plaintiff's motion for a change of venue is similarly denied. Other than alleging that this Court does not "believe in the Constitution and [Plaintiff's] rights" thereunder, Plaintiff has provided no support for his motion. He has offered no indication that either the convenience of the parties or the interests of justice require a change in venue.
Plaintiff requests that this Court enjoin the FBOP agents from retaliating and harassing the Defendant.
The Court reviews this Motion under the same standard outlined in Plaintiff's Motion for preliminary injunctive relief against Hollingsworth.
For the reasons states above, Plaintiff's Motions for a Temporary Restraining Order and Permanent Injunctive Relief, for Recusal of this Court and a Change of Venue, and to Enjoin the Retaliation of Defendants' associates will be