Tillery v. Kelley et al

Filing 17

ORDER denying 9 motion for temporary restraining order; granting 12 defendants' motion for extension; and granting 14 Tillery's motion to expedite. Defendants' must file any response to 9 motion for preliminary injunction by 9/12/2016. The Court sets a one-day consolidated preliminary injunction hearing/trial on the merits for 12/20/2016. Signed by Judge D. P. Marshall Jr. on 8/12/2016. (thd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
PLAINTIFF

TAMMY TILLERY

v.

No. 1:16-cv-69-DPM

WENDY LYNNE KELLEY, in her
individual and official capacity as the
Director of the Arkansas Department of
Correction; DEXTER L. PAYNE, in his
individual and official capacity as Deputy
Director of the ADC; STEPHEN D. WILLIAMS
in his individual and official capacity as Warden
of the North Central Unit of the ADC; and
BILLY W. INMAN, in his individual and official
capacity as Deputy Warden of the North Central
Unit of the ADC

DEFENDANTS

ORDER
1. The Court notes the motion for a temporary restraining order and
preliminary injunction.

Ng 9.

The request for a TRO is denied.

The

challenged restrictions have been in place for more than two-and-a-half
months, including the nearly two months since Tillery filed suit. Ng 1 at

ifif 23-24. She still communicates with her husband by email and regular
mail, albeit with some delays. She contends these delays target her, while
ADC says it's only standard screening, which encumbers all prisoners and
their correspondents. Ng 10 at 20, 31; Ng 9 at 79. Whatever the truth may be

about that, marital communication hasn't been stopped completely. It's
unnecessary, therefore, to engage the machinery of Rule 65(b) and act before
the defendants are heard. Nor has Tillery given the Court a sufficient
procedural basis to do so - there's no "affidavit or a verified complaint clearly
show[ing]" many of the things alleged.

FED.

R. Crv. P. 65(b)(l)(A). Her

declaration, Ng 13, doesn't cover this ground.
2. The defendants' motion for extension, Ng 12, is granted; Tillery's
motion to expedite, Ng 14, is granted too. The defendants need time to
respond to Tillery' s thorough motion. But she's right that this case needs
deciding sooner rather than later. Defendants' must file any response to the
motion by 12 September 2016.

The Court sets a one-day consolidated

preliminary injunction hearing/ trial on the merits for 20 December 2016.
Each side will have three hours to present proof and argument. The parties
should propose an expedited discovery plan in their Rule 26(£) report, which
is due 2 September 2016.

The Court suggests shortening the time for

responding to written discovery, as well as scheduling now any needed
depositions in October.

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So Ordered.

D.P. Marshall Jr. I
United States District Judge

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