Patterson v. U H C Hospital of Lafayette et al

Filing 7

MEMORANDUM ORDER. IT IS ORDERED that plaintiff's 3 Motion for to Preliminary Injunction is hereby DENIED. IT IS FURTHER ORDERED that plaintiff's 4 Motion for to Appoint Counsel is hereby DENIED. Signed by Magistrate Judge Patrick J Hanna on 10/31/2017. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
LIONEL PATTERSON

CIVIL ACTION NO. 6:17-CV-1383

VS.

SECTION P
DISTRICT JUDGE

UHC HOSPITAL OF
LAFAYETTE, ET AL

MAGISTRATE JUDGE HANNA

MEMORANDUM ORDER
B. Motion for Preliminary Injunction [Rec. Doc. 3]
Plaintiff has filed a Motion for Preliminary Injunction. [Rec. Doc. 3] A litigant
moving for a preliminary injunction must demonstrate each of the following: (1) a substantial
likelihood of success on the merits; (2) a substantial threat that failure to grant the injunction
will result in irreparable injury; (3) the threatened injury outweighs any damage that the
injunction will cause to the adverse party; and (4) the injunction will not have an adverse
effect on the public interest. Women’s Med. Ctr. of Northwest Houston v. Bell, 248 F.3d 411,
418-20 (5th Cir.2001). “An injunction is an extraordinary remedy and should not issue except
upon a clear showing of possible irreparable harm.” Lewis v. S.S. Baune, 534 F.2d 1115,
1121 (5th Cir.1976).
Plaintiff cannot prevail because he has not demonstrated a substantial likelihood of
success on the merits. For the reasons explained in the Report and Recommendation issued
this date, the undersigned has determined that plaintiff’s complaint should be dismissed as

frivolous. Accordingly, plaintiff’s motion for preliminary injunction is DENIED.
B. Appointment of Counsel [Rec. Doc. 4]
Plaintiff has also filed a motion for appointment of counsel. [Rec. Doc. 4] “A district
court should appoint counsel in a civil rights case only if presented with exceptional
circumstances.” Norton v. Dimazana, 122 F.3d 286, 293 (5th Cir. 1997). Having considered
that fact, as well as the factors set forth in Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir.
1982), the Court finds that appointment of counsel is not warranted. As undersigned has
determined that plaintiff’s complaint should be dismissed as frivolous, plaintiff’s motion for
appointment of counsel is DENIED.
ORDER
IT IS ORDERED that plaintiff’s Motion for to Preliminary Injunction [Rec. Doc. 3]
is hereby DENIED.
IT IS FURTHER ORDERED that plaintiff’s Motion for to Appoint Counsel [Rec.
Doc. 4] is hereby DENIED.

In Chambers, Lafayette , Louisiana October 31, 2017.

____________________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE

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