Bacon v. Maricopa County Sheriff's Office et al

Filing 9

ORDER - IT IS ORDERED that Plaintiff's October 17, 2008 8 Motion for Medical Treatment is denied without prejudice. Signed by Judge G Murray Snow on 10/23/08.(SAT)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO KM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiff, ) ) vs. ) Maricopa County Sheriff's Office, et al., ) ) ) Defendants. ) John R. Bacon, No. CV 08-1673-PHX-GMS (LOA) ORDER Plaintiff John R. Bacon, who is confined in the Maricopa County Fourth Avenue Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. 1983 and an Application to Proceed In Forma Pauperis. On October 17, 2008, the Court granted Plaintiff in forma pauperis status and dismissed the Complaint with leave to amend. Pending before the Court is Plaintiff's October 16, 2008 "Motion for Medical Treatment" (Doc. #8), in which Plaintiff asks that the Court order Defendants to provide Plaintiff with medical care. The Court will construe Plaintiff's Motion as a motion for preliminary injunction. A preliminary injunction is an extraordinary and drastic remedy and will not be granted absent a clear showing of likely success in the underlying claim and possible irreparable injury. See Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam); Warsoldier v. Woodford, 418 F.3d 989, 993-94 (9th Cir. 2005); Pratt v. Rowland, 65 F.3d 802, 805 (9th Cir. 1995). Alternately, a party may show that serious questions going to the merits were raised and the balance of hardships tips sharply in his favor. Warsoldier, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 418 F.3d at 994. A party seeking preliminary injunctive relief "must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint." Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994) (per curiam) (Eighth Amendment claim cannot provide basis for preliminary injunction against alleged acts in retaliation for filing claim). In other words, Plaintiff must seek injunctive relief related to the merits of his underlying claim. Because there presently is no complaint pending, Plaintiff's request is not properly before the Court at this time. Accordingly, the Court will deny, without prejudice, Plaintiff's Motion for Medical Treatment. IT IS ORDERED that Plaintiff's October 17, 2008 Motion for Medical Treatment (Doc. #8) is denied without prejudice. DATED this 23rd day of October, 2008. -2-

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