Adams v. Annucci et al

Filing 4

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)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ MICHAEL ADAMS, DECISION AND ORDER Plaintiff, 18-CV-6277L v. ANTHONY J. ANNUCCI, Commissioner, et al., Defendants. ________________________________________________ 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 restraining order. 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. CONCLUSION 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. 2

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