Pinkston v. University of South Florida Board of Trustees et al

Filing 161

Rachel Pinkston's Motion for Temporary Injunction (Doc. # 160 ) is DENIED to the extent it seeks the entry of a temporary restraining order. Rachel Pinkston's Motion for Temporary Injunction (Doc. # 160 ), to the extent it may be construed as a motion for preliminary injunction, is referred to Judge McCoun for a Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 4/25/2016. (BLB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
RACHEL PINKSTON,
Plaintiff,
v.

Case No. 8:15-cv-1724-T-33TBM

UNIVERSITY OF SOUTH FLORIDA
BOARD OF TRUSTEES, ET AL.,
Defendants.
_____________________________/
ORDER
This cause comes before the Court upon pro se Plaintiff
Rachel Pinkston’s Motion for Temporary Injunction, filed on
April 22, 2016. (Doc. # 160). In the Motion for Temporary
Injunction, Pinkston moves the Court to enter a temporary
restraining order and injunctive relief so as to compel the
Defendants to deliver and reinstate her Bachelor’s degree.
The Motion is substantially the same as the Motion for
Temporary Injunction that Pinkston filed with the Court on
February 4, 2016. See (Doc. # 62). As the Court previously
determined, a temporary restraining order is inappropriate
under the circumstances because Pinkston has not demonstrated
an irreparable injury that is substantially likely to occur.
See (Doc. # 68).

In her Motion, Pinkston states that she “will continue
to suffer debilitating career injury and personal hardship .
. . unless an Injunction is issued as soon as possible.” (Doc.
# 160 at 6). However, as in her original motion, Pinkston
fails to carry her heavy burden of persuasion as to her
alleged injuries. For example, Pinkston does not argue that
she has an offer of employment contingent upon her having or
obtaining a college degree that will immediately expire, nor
does

she

provide

the

deadlines

for

her

applications

to

professional school or Officer Candidate School. As the Court
advised in its prior Order, “[w]ithout such information the
Court is unable to determine whether irreparable injury is
substantially likely to occur.” (Doc. # 68 at 3).
Thus,

the

Court

denies

the

Motion

for

Temporary

Injunction (Doc. # 160) to the extent it seeks a temporary
restraining order. To the extent that the Motion can be
construed as a motion for preliminary injunction, the Court
refers the Motion to the Honorable Thomas B. McCoun III,
United

States

Magistrate

Judge,

recommendation.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:

2 

for

a

report

and

(1)

Rachel Pinkston’s Motion for Temporary Injunction (Doc.
# 160) is DENIED to the extent it seeks the entry of a
temporary restraining order.

(2)

Rachel Pinkston’s Motion for Temporary Injunction (Doc.
# 160), to the extent it may be construed as a motion
for preliminary injunction, is referred to Judge McCoun
for a Report and Recommendation.
DONE and ORDERED in Chambers in Tampa, Florida, this

25th day of April, 2016.

3