WATFORD v. LAMMER

Filing 31

Order Denying Motion for Injunction and Directing Further Proceedings - The petitioner's motion for injunction, dkt. 30 , is denied. The petitioner shall have through December 21, 2020, to respond to the motion to dismiss filed by the respond ent. The clerk is directed to include a copy of the motion to dismiss, dkt. 29 , with the petitioner's copy of this Order. Copy to Petitioner via US Mail. Signed by Judge James Patrick Hanlon on 11/20/2020. (Attachments: # 1 Dkt 29) (KAA)

Case 2:20-cv-00032-JPH-MJD Document 31 Filed 11/20/20 Page 1 of 2 PageID #: 110

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
KENNETH WATFORD,

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Petitioner,
v.
B. LAMMER,
Respondent.

No. 2:20-cv-00032-JPH-MJD

Order Denying Motion for Injunction and
Directing Further Proceedings
The petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in
January 2020. Dkt. 1. The Court thereafter ordered the respondent to answer the allegations of the
habeas petition. Dkt. 3. After receiving several extensions of time, the respondent filed a motion
to dismiss the petitioner's habeas petition on November 5, 2020. Dkt. 29. The petitioner has now
filed a "motion for injunction" requesting an injunction because the respondent "failed to answer
and to show cause." Dkt. 30.
Although the petitioner asserts that the respondent failed to answer his habeas petition, the
respondent answered the allegations in the habeas petition by filing a motion to dismiss.
Additionally, the petitioner's request for injunctive relief does not survive the "threshold phase"
applied to requests for preliminary injunctive relief because he has not presented any evidence to
satisfy the three requirements for such relief. See Valencia v. City of Springfield, Ill., 883 F.3d 959,
966 (7th Cir. 2018) (outlining three requisite showings a party must satisfy to receive injunctive
relief). For these reasons, the petitioner's motion for injunction, dkt. [30], is denied.

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Case 2:20-cv-00032-JPH-MJD Document 31 Filed 11/20/20 Page 2 of 2 PageID #: 111

The petitioner shall have through December 21, 2020, to respond to the motion to dismiss
filed by the respondent. The clerk is directed to include a copy of the motion to dismiss, dkt. [29],
with the petitioner's copy of this Order.
SO ORDERED.
Date: 11/20/2020

Distribution:
KENNETH WATFORD
56252-037
TERRE HAUTE - FCI
TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808
Brian L. Reitz
UNITED STATES ATTORNEY'S OFFICE (Indianapolis)
[e-mail]

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