Cooper v. Dobson
Filing
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ORDER denying 1 motion; dismissing case; and giving directions to the Clerk. Signed by Judge Timothy J. Corrigan on 2/18/2014. (DD)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ANTHONY L. COOPER,
Plaintiff,
v.
Case No. 3:14-cv-190-J-32JBT
SHERIFF JOEY DOBSON, et al.,
Defendants.
ORDER OF DISMISSAL WITHOUT PREJUDICE
Plaintiff, an inmate incarcerated at the Baker County Jail, initiated this action by filing
a pro se pleading entitled, "Pursuant to U.S. Fed. R. P. Emergency Injunction Injunctive
Relief Only Investigation" (Doc. #1) (hereinafter Plaintiff's Motion).1 Although this pleading
is not a model of clarity, Plaintiff appears to allege that on February 7, 2014, correctional
officers allowed inmate Gary Follis and another inmate into Plaintiff's cell to attack him.
Plaintiff also asserts that on February 12, 2014, officers allowed inmate Follis back into
Plaintiff's cell "to do more bodily harm to Cooper." Plaintiff's Motion at 2. Plaintiff claims that
he is in fear of his life. As relief, Plaintiff requests the Court to send a copy of his motion and
this Order to Sheriff Joey Dobson, the Office of the Inspector General for the United States
Justice Department and the Federal Bureau of Investigation.
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Plaintiff is a frequent filer in this Court, having filed many frivolous actions over the
years. Plaintiff has also filed numerous emergency motions and requests for injunctive relief.
The Duval County Jail Chief conducted an investigation into the varied and somewhat
fantastical allegations made by Plaintiff Cooper in the past.
As an initial matter, the Court notes that Plaintiff has failed to comply with the
strictures of Fed. R. Civ. P. 65 and Local Rules 4.05 and 4.06. Further, Plaintiff has failed
to set forth facts on which the Court can make a reasoned determination as to the amount
of security which must be posted pursuant to Fed. R. Civ. P. 65(c). Additionally, he did not
prepare a proposed form of temporary restraining order and preliminary injunction in
accordance with the requirements contained in Rule 65(b) and (d), Fed. R. Civ. P.
Even assuming his request for injunctive relief was properly filed, he has not shown
he is entitled to such relief.
A TRO or preliminary injunction is appropriate where the
movant demonstrates that:
(a) there is a substantial likelihood of success on
the merits;
(b) the TRO or preliminary injunction is necessary
to prevent irreparable injury[2];
(c) the threatened injury outweighs the harm that
the TRO or preliminary injunction would cause to
the non-movant; and
(d) the TRO or preliminary injunction would not be
a[d]verse to the public interest.
See Zardui-Quintana v. Richard, 768 F.2d 1213, 1216 (11th Cir.
1985).
Parker v. State Bd. of Pardons & Paroles, 275 F.3d 1032, 1034-35 (11th Cir.) (per curiam)
(footnote omitted), cert. denied, 534 U.S. 1072 (2001).
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The Eleventh Circuit has "emphasized on many occasions, the asserted irreparable
injury 'must be neither remote nor speculative, but actual and imminent.'" Siegel v. LePore,
234 F.3d 1163, 1176-77 (11th Cir. 2000) (per curiam) (quoting Northeastern Fla. Chapter of
the Ass'n of Gen. Contractors v. City of Jacksonville, 896 F.2d 1283, 1285 (11th Cir.
1990)).
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Here, Plaintiff has failed to meet his burden of persuasion as to these four
prerequisites for injunctive relief. Thus, Plaintiff's Motion will be denied. However, in light
of Plaintiff's claim that he is in fear of his life, the Court will send a copy of Plaintiff's Motion
and this Order to Sheriff Joey Dobson for whatever action may be deemed appropriate in
light of Plaintiff's allegations.
Additionally, insofar as Plaintiff may be attempting to raise claims regarding the
conditions of his confinement, he has failed to use the appropriate civil rights complaint form
to present his claims. He has also failed to either pay the $400.00 filing fee or file a request
to proceed as a pauper. Thus, this case will be dismissed without prejudice to Plaintiff's right
to properly initiate a civil rights case to address any allegedly unconstitutional conditions of
his confinement, if he so desires.
Accordingly, it is now
ORDERED AND ADJUDGED:
1.
Plaintiff's Motion (Doc. #1) is DENIED.
2.
The Clerk shall send, by facsimile, a copy of Plaintiff's Motion (Doc. #1) and
this Order to Sheriff Joey Dobson of the Baker County Sheriff's Office for whatever action
may be deemed appropriate.
3.
The Clerk shall enter judgment dismissing this action without prejudice.
4.
The Clerk shall send a "Civil Rights Complaint Form," an "Affidavit of
Indigency" form, and a "Prisoner Consent Form and Financial Certificate" to Plaintiff. If
Plaintiff elects to initiate a civil rights action in a separate case, he may complete and submit
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these forms. Plaintiff should not place this case number on the forms. The Clerk will assign
a separate case number if Plaintiff elects to file a civil rights case. In initiating such a case,
Plaintiff should either file a fully completed "Prisoner Consent Form and Financial
Certificate" and "Affidavit of Indigency" (if he desires to proceed as a pauper) or pay the
$400.00 filing fee (if he does not desire to proceed as a pauper).
5.
The Clerk shall close this case.
DONE AND ORDERED at Jacksonville, Florida this 18th day of February, 2014.
ps 2/14
c:
Anthony L. Cooper
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