Turner v. Lombardi et al

Filing 21

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk is directed to docket plaintiff's notice of serious medical need [ECF No. 18] as a motion for injunctive relief. IT IS FURTHER ORDERED that plaintiffs motion for injunctive relief is DENIED. Signed by District Judge E. Richard Webber on September 16, 2015. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
TERRY TURNER,
Plaintiff,
v.
GEORGE A. LOMBARDI, et al.,
Defendants,

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No. 2:15CV48 ERW

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s notice of serious medical need. Plaintiff
says he has untreated Stage Three neuroendocrine lung cancer, and he asks the Court “to help
save his life.” The Court construes the notice as a motion for injunctive relief.
In his complaint, plaintiff alleged that he has a demyelinating problem in his lower
extremities. He said the prison doctors were wrongly treating him for multiple sclerosis, which
was causing him further irreparable damage. Plaintiff did not allege that he had cancer that
needed treatment.
“A court issues a preliminary injunction in a lawsuit to preserve the status quo and
prevent irreparable harm until the court has an opportunity to rule on the lawsuit’s merits. Thus,
a party moving for a preliminary injunction must necessarily establish a relationship between the
injury claimed in the party’s motion and the conduct asserted in the complaint.” Devose v.
Herrington, 42 F.3d 470, 471 (8th Cir. 1994). In this case, there is no relationship between the
injury claimed in the motion and the conduct asserted in the complaint. As a result, the motion
must be denied.
Accordingly,

IT IS HEREBY ORDERED that the Clerk is directed to docket plaintiff’s notice of
serious medical need [ECF No. 18] as a motion for injunctive relief.
IT IS FURTHER ORDERED that plaintiff’s motion for injunctive relief is DENIED.
So Ordered this 16th day of September, 2015.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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