Dryden v. State of Nevada et al

Filing 7

ORDER Denying without prejudice 5 Motion for Preliminary Injunction and 6 Motion for Temporary Restraining Order. Signed by Judge Jennifer A. Dorsey on 6/29/2016. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Bryan Dryden,

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2:16-cv-01227-JAD-GWF
2:14-cv-01175-JAD-CWH

Plaintiff

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Order Denying Motions for Temporary
Restraining Order and Preliminary
Injunction

v.
State of Nevada, et al.,

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[ECF Nos. 5, 6]

Defendants

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In this removed 42 U.S.C. § 1983 action, pro se prisoner Bryan Dryden sues the State of

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Nevada and various individuals for civil-rights violations that allegedly occurred while Dryden was

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incarcerated at the High Desert State Prison.1 Dryden moves for a preliminary injunction and

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temporary restraining order enjoining defendants from “gathering together general population

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inmates with protective custody level inmates, in fish tanks, & transport vans” and engaging in “any

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out of the ordinary acts of cruel & unusual acts of aggression, use of excessive force, &, or retaliation

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against [him].”2

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Dryden’s two-page filing is structured as a proposed order and Dryden offers no

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memorandum of points and authorities to show that he is entitled to the injunctive relief he requests.

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A preliminary injunction is an “extraordinary remedy” that may be awarded only upon a clear

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showing by the plaintiff that: (1) the plaintiff is likely to succeed on the merits of his complaint; (2)

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irreparable harm will result in the absence of an injunction; (3) the balance of equities favors an

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injunction; and (4) an injunction is in the public’s interest.”3 Because Dryden has not attempted—let

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alone made—this showing, I deny his motions without prejudice.

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ECF No. 1-2.

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ECF No. 5.

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Winters v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (citations omitted).
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Accordingly, IT IS HEREBY ORDERED that Dryden’s motions for temporary
restraining order and preliminary injunction [ECF Nos. 5, 6] are DENIED without prejudice.
Dated this 29th day of June, 2016.
_________________________________
_______________________
__ ___________ __
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Jennifer A. Dorsey
ennifer A Dorsey
i
r
United States District Judge
nited States
d tat
ct Judge
t ud
ud

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