Power v. Epps et al

Filing 8

ORDER denying 3 Motion for Preliminary Injunction. Signed by Jane M Virden on 03/04/2014. (lec)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
ARTIS F. POWER
V.

PLAINTIFF
CIVIL ACTION NO.: 4:13-cv-173-NBB-JMV

CHRISTOPHER EPPS, ET AL.

DEFENDANTS

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION
This matter is before the court on plaintiff’s motion for preliminary injunction [3].
However, the motion itself – aside from its title – does not purport to seek injunctive relief.
Instead, it is a re-hash of the apparently unrelated facts giving rise to the plaintiff’s complaint.
Further, while the memo in support of the motion does make – albeit exceedingly vague –
reference to concerns for his own safety, “unfair punishment,” and a desire to be transferred to
another prison, the court finds these generic allegations fall hopelessly short of adequately
asserting entitlement to preliminary injunctive relief.
Inmates have neither a protected property or liberty interest to any particular housing
assignment or custodial classification, either under the United States Constitution or under
Mississippi law. Neals v. Norwood, 59 F.3d 530, 533 (5th Cir. 1995); Wilson v. Budney, 976
F.2d 957, 958 (5th Cir. 1992); McCord v. Maggio, 910 F.2d 1248, 1250 (5th Cir. 1990); Hewitt
v. Helms, 459 U.S. 460, 468 (1983); Meachum v. Fano, 427 U.S. 215, 224 (1976)(citations
omitted); MISS. CODE ANN . §§ 47-5-99 to -103 (1993). Prisoner classification is a matter
squarely within the “broad discretion” of prison officials, “free from judicial intervention” except
in extreme circumstances. McCord, 910 F.2d at 1250 (citations omitted). In the instant case,
plaintiff has made no showing that his is such a case. Indeed, though plaintiff asserts he is
concerned for his safety, he offers not the first detail in support of such contention. Accordingly,

the motion for preliminary injunction is hereby DENIED.
SO ORDERED, this the 4th day of March, 2014.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE