Davidson v. Department of Corrections et al

Filing 34

ORDER: Accordingly, it is hereby ORDERED that Plaintiff's requests for injunctive relief at Dkt. No. 13 are denied. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is respectfully directed to mail a copy of this order to pro se Plaintiff. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/7/2021) (cf) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTR ICT OF NEW YORK
WILLET DAVIDSON,
Plaintiff,
20 Civ. 9500 (LGS)

-againstNEW YORK DEPARTMENT OF
CORRECTIONS et al.,

ORDER

Defendants.
LORNA G. SCHOFIELD, United States District Judge:
WHEREAS, pro se Plaintiff filed a Second Amended Complaint (“SAC”) alleging
violations of 19 U.S.C. § 1983 arising from the conditions of his confinement at the Vernon C.
Bain Center (“VCBC”) (Dkt. No. 12). The SAC requested: (1) that Plaintiff be released from
custody due to the risks of COVID-19; (2) that the VCBC be limited to 50% of its capacity and
social distancing enforced generally and in Plaintiff’s dormitory and (3) damages.
WHEREAS, Plaintiff subsequently filed a letter motion requesting the Court immediately
grant the relief requested in his SAC, which the Court construed as a motion for preliminary
injunctive relief (Dkt. No. 13).
WHEREAS, a preliminary injunction is only available for irreparable harms -- actual and
imminent injuries that cannot be remedied through money damages. See Faiveley Transp.
Malmo AB v. Wabtec Corp., 559 F.3d 110, 116 (2d Cir. 2009); accord In re Citibank Aug. 11,
2020 Wire Transfers, No. 20 Civ. 6539, 2021 WL 1905002, at *4 (S.D.N.Y. May 12, 2021).
Plaintiff’s request for an injunction granting monetary damages as a remedy thus cannot be
granted.
WHEREAS, the New York State Department of Correction’s public records show that on
May 26, 2021, Plaintiff was transferred from the Vernon C. Bain Center to the Downstate

Correctional Facility, which Defendants represent is not under their control (Dkt. No. 32). Due
to this transfer, Plaintiff cannot show an imminent injury due to conditions at the VCBC that
justifies immediate injunctive relief. Accordingly, it is hereby
ORDERED that Plaintiff’s requests for injunctive relief at Dkt. No. 13 are denied.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an
appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant
demonstrates good faith when he seeks review of a nonfrivolous issue).
The Clerk of Court is respectfully directed to mail a copy of this order to pro se Plaintiff
at:
Willet Davidson
DIN 21A0603
Downstate Correctional Facility
121 Red Schoolhouse Road
Box F
Fishkill, NY 12524
Dated: June 7, 2021
New York, New York

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