Evans v. Santos et al

Filing 85

ORDER denying 19 Motion for Preliminary Injunction. Signed by District Judge Debra M. Brown on 1/15/16. (tab)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
TIMOTHY N. EVANS

PLAINTIFF

V.

NO. 4:15-CV-00072-DMB-JMV

DR. JUAN SANTOS, ET AL.

DEFENDANTS

ORDER DENYING INJUNCTIVE RELIEF
Plaintiff Timothy N. Evans has filed a motion for injunctive relief in which he requests the
Court order that he continue to receive all of his medication at a KOP, or “keep on person,” status.
Doc. #19.
A party seeking injunctive relief must prove four elements: (1) a substantial likelihood of
success on the merits; (2) a substantial threat of irreparable injury if the injunction is not issued; (3)
that the threatened injury to the movant outweighs any harm that the injunction will cause the
nonmovant; and (4) that the injunction is in the public interest. Women=s Med. Ctr. of Nw.
Houston v. Bell, 248 F.3d 411, 419 n.15 (5th Cir. 2001); DSC Communications Corp. v. DGI
Technologies, Inc., 81 F.3d 597, 600 (5th Cir. 1996). An injunction is an extraordinary remedy
that is Anot to be granted routinely, but only when the movant, by a clear showing, carries [the]
burden of persuasion.@ Black Fire Fighters Ass’n v. City of Dallas, 905 F.2d 63, 65 (5th Cir.
1990) (citation omitted); see also Lewis v. S.S. Baune, 534 F.2d 1115, 1121 (5th Cir. 1976)
(Ainjunction is an extraordinary remedy and should not issue except upon a clear showing of
possible irreparable injury@).
The instant motion is primarily a recitation of the grievances contained in Evans’
complaint and its various amendments. By his own admission, Evans is currently receiving his
medications and, therefore, the denial of injunctive relief will not cause him irreparable injury. It

appears to the Court that the ordinary judicial process is sufficient to remedy any injuries Evans
has suffered or might suffer as a result of the defendants= alleged actions. Accordingly, Evans’
motion for injunctive relief [19] is DENIED.
SO ORDERED, this 15th day of January, 2016.

/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

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