Harden v. Monninghoff et al

Filing 87

ORDER Denying 67 Motion for Preliminary Injunction and Denying 77 Motion for TRO. Signed by Judge Andrew P. Gordon on 8/21/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HAROLD HARDEN,

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Case No. 2:14-CV-00377-APG-PAL
Plaintiff,
ORDER DENYING MOTIONS FOR
TEMPORARY RESTRAINING
ORDER

v.
DR. MONNINGOFF and S/O AGULAR,
Defendants.

(Dkt. #67, #77)

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Plaintiff Harold Harden, a prisoner at Ely State Prison, has filed two motions for

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injunctive relief. The first requests that I transfer Harden to obtain a second opinion or for

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surgery because Dr. Koehn, who is not a party to this case, is refusing to transfer him for surgery.

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(Dkt. #67.) The second states that he has cysts that are not being treated at the prison even though

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he has been scheduled for surgery since October 2014. (Dkt. #77.) He therefore requests a

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transfer for surgery. (Id.)

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Preliminary injunctive relief is appropriate where “the intermediate relief [is] of the same

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character as that which may be granted finally.” De Beers Consol. Mines v. United States, 325

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U.S. 212, 220 (1945). But a court cannot issue an injunction that “deals with a matter lying

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wholly outside the issues in the suit.” Id.

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Harden’s requested relief is wholly outside the issues in this lawsuit. Harden’s complaint

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alleges that in April 2012, Dr. Monninghoff moved Harden to the mental health segregation unit

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without prior notice and without his consent. (Dkt. #17 at 4.) He also alleges he was forced to

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take drugs that resulted in an allergic reaction. (Id.) And he alleges defendant Aguilar transported

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him to the mental health segregation unit against his will and without any notice or opportunity to

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be heard. (Id.) Because his requested injunctive relief relates to matters wholly outside this

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lawsuit, I must deny his motions for injunctive relief in this lawsuit.

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IT IS THEREFORE ORDERED that plaintiff Harold Harden’s motion for temporary
injunction (Dkt. #67) is DENIED.
IT IS FURTHER ORDERED that plaintiff Harold Harden’s motion for a temporary
restraining order (Dkt. #77) is DENIED.
DATED this 21st day of August, 2015.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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