Filed: Dec. 29, 2015
Latest Update: Dec. 29, 2015
Summary: ORDER W. KEITH WATKINS , Chief District Judge . Plaintiff is an inmate in the custody of the Alabama Department of Corrections ("ADOC"). Proceeding pro se, Plaintiff seeks a temporary restraining order and preliminary injunction enjoining ADOC officials "from questioning [him] about any matters already being reviewed within this court[ ]." (Doc. # 19.) The motion for a temporary restraining order is due to be denied, and the motion for preliminary injunction will be referred to the Magis
Summary: ORDER W. KEITH WATKINS , Chief District Judge . Plaintiff is an inmate in the custody of the Alabama Department of Corrections ("ADOC"). Proceeding pro se, Plaintiff seeks a temporary restraining order and preliminary injunction enjoining ADOC officials "from questioning [him] about any matters already being reviewed within this court[ ]." (Doc. # 19.) The motion for a temporary restraining order is due to be denied, and the motion for preliminary injunction will be referred to the Magist..
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ORDER
W. KEITH WATKINS, Chief District Judge.
Plaintiff is an inmate in the custody of the Alabama Department of Corrections ("ADOC"). Proceeding pro se, Plaintiff seeks a temporary restraining order and preliminary injunction enjoining ADOC officials "from questioning [him] about any matters already being reviewed within this court[ ]." (Doc. # 19.) The motion for a temporary restraining order is due to be denied, and the motion for preliminary injunction will be referred to the Magistrate Judge.
A temporary restraining order may be granted without notice if
(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant[ ] . . . certifies in writing any efforts made to give notice and the reasons why it should not be required.
Fed. R. Civ. P. 65(b)(1). A temporary restraining order has the same four elements as a preliminary injunction, and the movant bears the burden of demonstrating that they are present. See Parker v. State Bd. of Pardons & Paroles, 275 F.3d 1032, 1034-35 (11th Cir. 2001).1
Plaintiff falls short of meeting the prerequisites for the exceptional remedy of a temporary restraining order. First, he does not allege any concrete facts to support a finding that a temporary restraining order is necessary to prevent immediate and irreparable injury before Defendants can be heard in opposition. Second, he has not submitted a verified complaint or affidavit in support of his allegations. Third, Plaintiff has not submitted the certification required by Rule 65(b)(1)(B). Fourth, he has not argued or demonstrated that he has a substantial likelihood of success on the merits.
Accordingly, it is ORDERED that Plaintiff's motion for a temporary restraining order (Doc. # 19) is DENIED.
It is further ORDERED that the motion for a preliminary injunction (Doc. # 19) is REFERRED to the Magistrate Judge for further proceedings and a recommendation.
