ALVES, et al v. FERGUSON, et al

Filing 309

LETTER OPINION. Signed by Judge Susan D. Wigenton on 08/01/2018. (ek)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CHAMBERS OF

MARTIN LUTHER KING COURTHOUSE
50 WALNUT ST.
NEWARK, NJ 07101
973-645-5903

SUSAN D. WIGENTON
UNITED STATES DISTRICT JUDGE

August 1, 2018

Mr. Joseph Aruanno, #363
Special Treatment Unit
P.O. Box 905
Avenel, NJ 07001
Plaintiff
Gurbir S. Grewal, Esq.
Michael Vomacka, Esq.
Victoria Ply, Esq.
Office of the New Jersey Attorney General
25 Market Street
P.O. Box 112
Trenton, NJ 08625
Attorneys for Defendants

LETTER OPINION FILED WITH THE CLERK OF THE COURT
Re:

Alves, et al. v. Ferguson, et al.
Civil Action No. 01-789 (SDW)(MCA)

Litigants:
Before this Court are Plaintiff Joseph Aruanno’s Motion for Temporary Restraining Order
and/or Preliminary Injunction and Motion for Appointment of a Special Master. This Court having
considered the parties’ submissions and having reached its decision without oral argument
pursuant to Federal Rule of Civil Procedure 78, and for the reasons discussed below, denies
Plaintiff’s motions.
DISCUSSION
On August 16, 2017, Plaintiff filed motions for Restraining Order and/or Preliminary
Injunction and for Appointment of a Special Master. (Dkt. No. 290.) On February 20, 2018, this
Court denied Plaintiff’s motions, noting that Plaintiff had failed to demonstrate a likelihood of
success on the merits of his claim or irreparable harm if the relief he sought was denied. (Dkt. No.

301, 302.) This Court further held that Plaintiff had not identified any “exceptional condition”
requiring the appointment of a special master in this case.
Plaintiff’s current motions are identical to those he filed on August 16, 2017. (Compare
Dkt. No. 290 to 307.) 1 Therefore, for the reasons set forth in this Court’s February 20, 2018 Letter
Opinion and Order, Plaintiff’s motions will be denied.
CONCLUSION
For the reasons set forth above, Plaintiff’s Motion for Temporary Restraining Order and/or
Preliminary Injunction is DENIED. Plaintiff’s Motion for Appointment of a Special Master is
also DENIED. Plaintiff is ordered to cease filing motions in Civil Action Number 01-789 and
Civil Action Number 04-3066, both of which are closed cases.
An appropriate Order will follow.

___/s/ Susan D. Wigenton_____
SUSAN D. WIGENTON, U.S.D.J.

Orig: Clerk
cc:
Parties
Steven C. Mannion, U.S.M.J.

1

The only discernable difference in the motions involve slight changes to what appears to be a cover letter to the
Court. (Compare Dkt No. 290-4 to 307-4.)

2