Wilson v. Hinton et al

Filing 23

ORDER denying without prejudice 19 Plaintiff's Order of Injunctions on Law Enforcement Officers, Notice of Filing Restraining Order Against the Defendants, and Notice of Order of Removal. Please see Order for details. Signed by Judge Marcia Morales Howard on 11/27/2017. (MMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
HARRY LEE WILSON,
Plaintiff,
v.

Case No. 3:17-cv-1045-J-34MCR

A. HINTON, et al.,
Defendants.
ORDER
THIS CAUSE is before the Court on the Order of Injunctions on Law Enforcement
Officers, Notice of Filing Restraining Order Against the Defendants, and Notice of Order
of Removal, (Doc. 19; Notice) filed by Plaintiff pro se on November 21, 2017. In this
action, Plaintiff alleges that the Defendants, officers of the Jacksonville Sheriff’s Office,
subjected him to sexual brutality, sexual harassment, and police brutality. See Doc. 2,
filed on September 5, 2017 (Complaint).

In the Notice, Plaintiff appears to seek a

restraining order against the Defendants “not to come within . . . 100 feet” of Plaintiff, and
an injunction for the Defendants’ “suspension or removal” while the Sheriff’s Office
conducts an internal investigation of Plaintiff’s alleged injuries. Notice at 2-3.
However, to the extent Plaintiff requests such relief, his request is due to be denied
as he has failed to comply with the procedural prerequisites for obtaining this relief. If
Plaintiff does intend to seek the entry of a temporary restraining order or preliminary
injunction, he must file a motion which complies with the requirements set forth in Rule 65,
Federal Rules of Civil Procedure (Rule(s)), and Local Rules 4.05 and 4.06, United States
District Court, Middle District of Florida (Local Rule(s)), which govern the entry of

preliminary injunctions and temporary restraining orders.
As stated above, a request for a temporary restraining order or preliminary
injunction must be made by separate motion. See Local Rules 4.05(b)(1), 4.06(b)(1).
With respect to a request for a temporary restraining order, Rule 65(b)(1) provides:
The court may issue a temporary restraining order without written or oral
notice to the adverse party or its attorney only if:
(A)
specific facts in an affidavit or a verified complaint clearly show that
immediate and irreparable injury, loss, or damages will result to the movant
before the adverse party can be heard in opposition; and
(B)
the movant's attorney certifies in writing any efforts made to give
notice and the reasons why it should not be required.
Likewise, Local Rule 4.05(b)(2) requires that the motion be accompanied by affidavits or
a verified complaint establishing the threat of irreparable injury as well as showing “that
such injury is so imminent that notice and a hearing on the application for preliminary
injunction is impractical if not impossible.” In addition, Local Rule 4.05(b)(3) requires that
the motion describe precisely the conduct sought to be enjoined, set forth facts on which
the Court can reasonably determine the amount of security to be posted, be accompanied
by a proposed form of the order, and contain a supporting legal memorandum. The legal
memorandum in support of the motion must address four specific factors, including the
likelihood of success, the threatened irreparable injury, potential harm to the opposing
parties, and the public interest. See Local Rule 4.05(b)(4).
To the extent Plaintiff seeks a preliminary injunction, Rule 65(a)(1) states that the
Court may issue a preliminary injunction only on notice to the opposing party. Likewise,
Local Rule 4.06(a) dictates that notice must be given at least fourteen days in advance of
a hearing on the matter. See Local Rule 4.06(a). Moreover, Local Rule 4.06(b) requires

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the party applying for a preliminary injunction to comply with the same procedural
requirements set forth in Local Rule 4.05(b), discussed above. See Local Rule 4.06(b)(1).
Because Plaintiff has failed to comply with these requirements, his current request
for the entry of a preliminary injunction or a temporary restraining order is due to be denied.
If Plaintiff elects to file a motion requesting such relief, he should review and comply with
all requirements of the Rules and the Local Rules of this Court.
In light of the foregoing, it is ORDERED:
To the extent Plaintiff requests the entry of a preliminary injunction or temporary
restraining order in his Order of Injunctions on Law Enforcement Officers, Notice of Filing
Restraining Order Against the Defendants, and Notice of Order of Removal, (Doc. 19), this
request is DENIED without prejudice to Plaintiff filing an appropriate motion.

DONE AND ORDERED in Jacksonville, Florida this 27th day of November, 2017.

lc26
Copies to:
Counsel of Record
Pro Se Parties

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