Cooper v. County Commissioner et al

Filing 2

ORDER dismissing case, with directions to the Clerk. Signed by Judge Timothy J. Corrigan on 4/9/2014. (DD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

ANTHONY L. COOPER,
Plaintiff,
v.

Case No. 3:14-cv-402-J-32JBT

COUNTY COMMISSIONER, 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, "Injunction/Injunctive Relief Only" (Doc. #1) (hereinafter Plaintiff's
Motion).1 This pleading is largely incomprehensible; however, Plaintiff appears to allege that
he has been threatened and assaulted by correctional officers and that he is receiving
inadequate medical care. It is unclear what specific injunctive relief he seeks.
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.

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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
while he has been confined at the Baker County Jail.

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). 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.
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

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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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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 enter judgment dismissing this action without prejudice.

3.

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
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).
4.

The Clerk shall close this case.

DONE AND ORDERED at Jacksonville, Florida this 9th day of April, 2014.

ps 4/9
c:
Anthony L. Cooper

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