Burgess v. Jones et al

Filing 112

ORDER granting 109 Defendants' unopposed Motion for Leave to File a Reply to plaintiff's response to their motion for summary judgment; Defendants shall file a reply no later than April 12, 2019; denying 111 Plaintiff's Motion for temporary restraining order; directing the Clerk to send a copy of 111 Plaintiff's motion and this Order to the Warden of SRCI and to make an entry on the docket reflecting such. Signed by Judge Brian J. Davis on 3/27/2019. (KLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JOHNNY BURGESS
Plaintiff,
v.

Case No: 5:17-cv-131-Oc-39PRL

FNU ROUSE and JONATHAN JORGE,
Defendants.

ORDER
1.

Defendants’ unopposed Motion to File a Reply (Doc. 109) is GRANTED.

Defendants shall submit their reply to Plaintiff’s response to their motion for summary
judgment no later than April 12, 2019.
2.

Plaintiff’s Motion for Temporary Restraining Order and Injunction (Doc. 111;

Motion) is DENIED. Plaintiff is proceeding on a pro se civil rights complaint against two
corrections officers for conduct that occurred at Lake Correctional Institution. In his
Motion, Plaintiff seeks relief against individuals who are not named Defendants for
conduct that occurred at his current place of incarceration, Santa Rosa Correctional
Institution (SRCI). See Motion at 1-3. He asserts various officials at SRCI have retaliated
against him for filing a civil rights complaint and for submitting grievances. Id. at 1-2. Rule
65 of the Federal Rules of Civil Procedure provides that a court may issue a preliminary
injunction only on notice to the adverse party, and any order granting injunctive relief is
binding only on the parties to the action. See Fed. R. Civ. P. (a)(1), (d)(2). Because
Plaintiff seeks injunctive relief against individuals who are not named Defendants in this

action, he is not entitled to the relief he seeks. To the extent Plaintiff has suffered
constitutional violations at SRCI, he may pursue a civil rights action by filing a new
complaint in a new case.
3.

In an abundance of caution, given Plaintiff’s allegations of threats of

physical harm, the Court directs the Clerk to send a copy of Plaintiff’s Motion (Doc. 111)
and this Order to the Warden of SRCI for any investigation or action that may be
warranted. The Clerk shall confirm that such notification was received and make an entry
on the docket reflecting that such notification was sent to the appropriate official.
DONE AND ORDERED at Jacksonville, Florida, this 27th day of March, 2019.

Jax-6
c:
Johnny Burgess
Counsel of Record

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