Hill v. Baca et al

Filing 20

ORDER denying 8 , 16 and 17 requests for rule 65 injunctions and restraining orders. Signed by Chief Judge Robert C. Jones on 8/21/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CHARLES H. HILL,

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Plaintiff,

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vs.

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Case No. 3:13-cv-00291-RCJ-WGC

ISIDRO BACA, et al.,

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ORDER

Defendants.

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Plaintiff has submitted requests for rule 65 injunctions and restraining orders (#8, #16, #17).

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The standard for granting a temporary restraining order is the same as the standard for granting a

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preliminary injunction. Cal. Indep. Sys. Operator Corp. v. Reliant Energy Servs., Inc., 181 F. Supp.

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2d 1111, 1126 (E.D. Cal. 2001). “A plaintiff seeking a preliminary injunction must establish that he

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is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of

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preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public

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interest.” Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008).

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Plaintiff cannot satisfy the first element of this test. Plaintiff is complaining that since 1985

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defendants have been forcing him to take medications to treat his psychosis and his high blood

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pressure, and that those medications have given him diabetes. Plaintiff raised the same claim in Hill

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v. Aranas, 3:11-cv-00678-LRH-WGC. The court in that action found that plaintiff had failed to

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state a claim upon which relief could be granted. Nothing material has changed in plaintiff’s

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allegations other than the dates. At the moment, plaintiff has no likelihood of success on the merits

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of this claim, and the court will not issue a temporary restraining order.

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IT IS THEREFORE ORDERED that plaintiff’s requests for rule 65 injunctions and
restraining orders (#8, #16, #17) is DENIED.
Dated: August 21, 2013.

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_________________________________
ROBERT C. JONES
Chief United States District Judge

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