Rogers v. Brouk et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's request for a temporary restraining order [ECF No. 10] and motion to waive the partial initial filing fee [ECF No. 9] are DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 8/19/2016. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
COREY JEMELL ROGERS,
STEVEN BROUK, et al.,
No. 4:16-CV-1088 SNLJ
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for a temporary restraining order and
motion to waive the partial initial filing fee. The motions are denied.
Plaintiff brought this action under 42 U.S.C. § 1983 alleging that he was assaulted by
three correctional officers at the Potosi Correctional Center. He seeks an order directing the
Missouri Department of Corrections to move him to a different housing unit because defendants
continue to work there. He does not allege that he has been subjected to repeated abuse or
harassment. He says he is suffering “emotional pain.”
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 banc). Plaintiff has not demonstrated a threat of irreparable
harm, and the other factors caution against issuing a temporary restraining order. Therefore, the
motion is denied.
Plaintiff also seeks waiver of the partial initial filing fee, which the Court assessed to be
$1.00. Plaintiff’s inmate account statement shows that he receives $7.50 per month from the
Department of Corrections. He can afford to pay the initial fee. As a result, the motion is
IT IS HEREBY ORDERED that plaintiff’s request for a temporary restraining order
[ECF No. 10] and motion to waive the partial initial filing fee [ECF No. 9] are DENIED.
Dated this 19th day of August, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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