Burke v. St. Louis City Jails et al

Filing 34

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motions for injunctive relief [ECF Nos. 3, 5] are DENIED. Signed by District Judge Ronnie L. White on September 2, 2015. (MCB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CALVIN BURKE, Plaintiff, v. ST. LOUIS CITY JAILS, et al., Defendants, ) ) ) ) ) ) ) ) ) No. 4:14CV2107 RLW MEMORANDUM AND ORDER This matter is before the Court on plaintiffs motion for injunctive relief and amended motion for injunctive relief. The motions are denied. To determine whether preliminary injunctive relief is warranted, the Court must balance threat of irreparable harm to movant, the potential harm to nonmoving party should injunction issue, the likelihood of success on merits, and the public interest. Dataphase Sys. v. CL Sys., 640 F.2d 109, 113-14 (8th Cir. 1981) (en bane). Plaintiff says that defendant Ruckner made a series of threats to him, which made him feel unsafe. Plaintiff requests the Court to intervene and protect him from harm. These allegations, however, do not demonstrate the threat of irreparable harm or the likelihood of success. Moreover, the public interest prohibits the federal courts from interfering with state prison operations absent extraordinary justification. Therefore, the motions are denied. According! y, IT IS HEREBY ORDERED that plaintiffs motions for injunctive relief [ECF Nos. 3, 5] are DENIED. Dated this qnf day of September, 2015. RONNIE L. WHITE UNITED STATES DISTRICT JUDGE 2

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