SMITH v. SMITH et al

Filing 60

ORDER denying 51 Motion for Preliminary Injunction and denying 54 Motion for TRO Copy to pltf via US mail. Signed by Judge Jane Magnus-Stinson on 7/28/2011. (CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

ERIC D. SMITH,
Plaintiff,
v.
JENNIFER SMITH et al.,
Defendants.

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No. 1:10-cv-256-JMS-MJD

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are pending,
makes the following rulings:
1.
The plaintiff’s motion for temporary restraining order [54] is denied. The
reason for this ruling is that the special arrangements the plaintiff seeks through that motion
do not appear necessary or even calculated to facilitate the development and presentation
of his claims in this case. Even if the court thought otherwise, moreover, the Supreme
Court has held that a state has no affirmative duty to "enable the prisoner to discover
grievances, and to litigate effectively once in court." Lewis v. Casey, 518 U.S. 343, 354
(1996).
2.
The plaintiff’s motion for preliminary injunction [51] is denied. The reasons
for this ruling are as follows: First, the relief sought through such motion is outside the
scope of the claims or defenses in the case. Second, the defendants have no authority to
grant the relief he seeks. Third, the housing and classification status of an inmate within the
Indiana Department of Correction are matters committed to the discretion of prison
authorities and there is no substantial indication in the motion for preliminary injunction that
authorities have abused that discretion.
IT IS SO ORDERED.

07/28/2011
Date: _________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Eric D. Smith
#112675
Wabash Valley Long Term Segregation
6908 S. Old US Highway 41
P.O. Box 500
Carlisle, IN 47838
Bruce Benjamin Paul
[e-mail]