Adams v. Annucci et al
DECISION AND ORDER Plaintiff's motion for a preliminary injunction 3 is denied. Signed by Hon. David G. Larimer on 4/13/2018. Copy of this Decision and Order sent by First Class Mail to plaintiff Michael Adams on 4/13/2018 to his address of record. (KAH)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
DECISION AND ORDER
ANTHONY J. ANNUCCI, Commissioner, et al.,
Plaintiff Michael Adams, an inmate in the custody of the New York State Department of
Corrections and Community Supervision, has moved for a preliminary injunction and temporary
The motion is denied. In order to obtain preliminary injunctive relief in this circuit, a
movant must show: (1) irreparable harm in the absence of the relief sought; and (2) either a
likelihood of success on the merits, or sufficiently serious questions going to the merits to make
them a fair ground for litigation and a balance of hardships tipping decidedly in the movant’s
favor. Donninger v. Niehoff, 527 F.3d 41, 47 (2d Cir. 2008); Sunward Elecs., Inc. v. McDonald,
362 F.3d 17, 24 (2d Cir. 2004). Plaintiff has not carried that burden.
Plaintiff’s motion for a preliminary injunction (Docket #3) is denied.
IT IS SO ORDERED.
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
April 13, 2018.
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