Cousins v. McCormick

Filing 13

MEMORANDUM ORDER. Plaintiff's motion for injunctive relief (D.I. 9 ) is DENIED. Signed by Judge Leonard P. Stark on 11/28/2016. (cna)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DANIEL R. COUSINS, Plaintiff, Civ. No. 16-302-LPS V. REBBECCA DUTTON-MCCORMICK, et al.. Defendants. MEMORANDUM ORDER At Wilmington thi^^^ay of November, 2016, having considered Plaintiffs motion fo injunctive relief (D.I. 9), IT IS HEREBY ORDERED that the motion (D.I. 9) is DENIED, for the reasons tha follows: Pending before the Court is Plaintiffs motion for injunctive relief (D.I. 9), Warden Da"' id Pierce's opposition thereto (D.I. 11), and Plaintiffs reply (D.I. 12). The Court construed Plainiffs motion for injunctive reliefas claiming retaliatory conduct in denying him access to legal resea ch. Warden Pierce's response indicates that Plaintiff is given adequate access to the prison law libr iry. Plaintiffs reply indicates that he was not seeking law library access. (D.I. 12) Instead he seeks the release of 2010 transcripts and a copy of a polygraph report. "A preliminar}' injunction is an extraordinar)' remedy that should be granted only if: (1) the plaintiffis likely to succeed on the merits; (2) denial will result in irreparable harm to th plaintiff; (3) granting the injunction will not result in irreparable harm to the defendant; and (4) granting the injunction is in the public interest." NuiraSweet Co. v. \Cit-Mar inters., Inc., 176 F.3d 151, 153 (3d Cir. 1999). Because of the intractable problems of prison administration, a request for injunctive reliefin the prison context must be viewed with considerable caution. A.braham v. Dat berg, 322 F. App'x 169, 170 (3d Cir. Apr. 24, 2009) (citing Goffv. Harper, 60 F.3d 518, 520 (8th Cir. IS 95)). Injunctive reliefis not warranted. In addition, given that the request is more approptiat; as one seeking discovery pursuant to the Federal Rules of Civil Procedure, it is premature. To dati: defendants have not answered or otherwise appeared, and the Court has not yet entered a scheduling and discovery order. UNITED^jrATES DISTRICTJUDGE

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