HAMPTON v. GILMORE et al

Filing 11

Entry Denying Motion for a Temporary Restraining Order 10 - Plaintiff Edward Hampton seeks a temporary restraining order and preliminary injunction directing that he have no contact with the defendants in this action and that he be transferred to another institution. The motion for a temporary restraining order must be denied. Signed by Judge Jane Magnus-Stinson on 11/2/2015. (See Entry) (GSO)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION

EDWARD H. HAMPTON,
Plaintiff,
v.
KEVIN GILMORE Asst. Super.,
GATLIN FERRA Aramark Food Supervisor,
LOIS CARDINAL L Dorm CC4 Counselor,
Defendants.

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No. 2:15-cv-00291-JMS-WGH

Entry Denying Motion for a Temporary Restraining Order
Plaintiff Edward Hampton seeks a temporary restraining order and preliminary injunction
directing that he have no contact with the defendants in this action and that he be transferred to
another institution.
To obtain a temporary restraining order under Fed.R.Civ.P. 65(b)(1)(a), a plaintiff must
show, via affidavit: (i) that he will suffer immediate and irreparable injury before the defendant
can be heard in opposition; and (ii) the efforts he has made to give notice of the request to the
opposing party, or to show why notice should be excused. The Supreme Court of the United States
has instructed that ex parte temporary restraining orders “are no doubt necessary in certain
circumstances, but under federal law they should be restricted to serving their underlying purpose
of preserving the status quo and preventing irreparable harm just so long as is necessary to hold a
hearing, and no longer.” Granny Goose Foods, Inc. v. Bhd. of Teamsters, 415 U.S. 423, 439 (1974)
(citations omitted).

In essence, a temporary restraining order “is designed to preserve the status quo until there
is an opportunity to hold a hearing on the application for a preliminary injunction and may be
issued with or without notice to the adverse party.” Charles Alan Wright, et al., 11A Fed. Prac. &
Proc. Civ. § 2951 (3d ed. Apr.2014 update). Moreover, while “[t]he issuance of a temporary
restraining order is a matter that lies within the discretion of the district court,” a party must
demonstrate “irreparable injury” as “an essential prerequisite to a temporary restraining order.” Id.
Most courts hold that a party “must demonstrate at least a reasonable probability of prevailing on
the merits” in order to obtain such relief. Id.
The motion for a temporary restraining order [dkt 10] must be denied. First, the amended
complaint has not yet been screened and the defendants have not been served. In addition, the
plaintiff has provided no evidence regarding any efforts he has made to serve the defendants with
the motion for a temporary restraining order. Finally, the plaintiff has failed to provide evidence
that he is facing any irreparable injury. Instead, he merely speculates, without support, that by
keeping him at the facility, he would be subjected to harassment, intimidation, and unfair
treatment. He has therefore not shown that he is entitled to the relief he seeks.
IT IS SO ORDERED.

November 2, 2015
Date: ________________

_______________________________

Distribution:
EDWARD H. HAMPTON
988987
WABASH VALLEY CORRECTIONAL FACILITY
Electronic Service Participant – Court Only

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