Sewell v. Chatman et al

Filing 31

ORDER denying 16 Motion for Preliminary Injunction; denying 16 Motion to transfer to another facility. Signed by Judge B. Avant Edenfield on 11/3/14. (wwp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION P I. JEFFERY SEWELL, r CL) 771 Plaintiff, CIVIL ACTION NO: V. BRUCE CFIATMAN; W1NDELL FOWLER; LARRY BREWTON; JOHN PAUL; FREDDIE DAVIS; and GEORGIA DEPARTMENT OF CORRECTIONS, Defendants. ORDER Plaintiff has moved this Court to issue a Temporary Restraining Order and/or Preliminary Injunction in his civil complaint brought pursuant to 42 U.S.C. ยง 1983. Plaintiff requests that the Court issue such an Order enjoining Defendants from harassment and retaliation against him for filing this civil action. Plaintiff, who is currently incarcerated at Georgia State Prison in Reidsville, Georgia, seeks to be transferred to another facility and to be moved out of K-i dormitory cell #1. In the absence of a showing of an exceptional circumstance wherein there is the possibility of irreparable injury, the Court is not inclined to issue a Restraining Order and/or Preliminary Injunction. Plaintiff has made no such showing of the likelihood of irreparable injury so as to suggest the necessity for the entry of such an order at this time. He has not met his burden of persuasion to obtain injunctive relief. Accordingly, Plaintiffs Motion for issuance of a Temporary Restraining Order and/or Preliminary Injunction (doc. 16) is hereby DENIED. AO 72A (Rev. 8/82) Plaintiffs request to be transferred to another facility is denied. An inmate has "no protected right to be incarcerated at any particular institution or region." Clark v. McNeil, 2008 WL 4999224, at * 2 (N.D. Ha. 2008) (citing Meachum v. Fano, 427 U.S. 215, 224 (1976)). SO ORDERED, this day of . , 2014. . AVANT EDENFIELD t1JDGE/ UNITED STATES DIST ICT COURT SOUTHERN DISTRICT, OF GEORGIA AO 72A (Rev. 8/82)

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