Littleton v. Harkleroad et al

Filing 17

ORDER denying 12 Motion for Preliminary Injunction; denying 13 Motion for subpoena for medical records from Marion/McDowell ; denying 14 Motion for subpoena for medical records from Catawba County Hospital ; denying 15 Motion to Appoint Counsel. Signed by Chief Judge Robert J. Conrad, Jr on 3/12/2012. (Pro se litigant served by US Mail.)(pdf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11-cv-265-RJC
WILLIAM ANDREW LITTLETON,

)
)
Plaintiff,
)
)
v.
)
)
SID HARKLEROAD, et al.,
)
)
Defendants. )
____________________________________)

ORDER

THIS MATTER comes before the Court on Plaintiff’s motion for preliminary
injunction, (Doc. No. 12), motion for subpoena for medical records from Marion/McDowell
Hospital, (Doc. No. 13), motion for subpoena for medical records from Catawba County
Hospital, (Doc. No. 14), and motion to appoint counsel, (Doc. No. 15).
I.

DISCUSSION
A.

Motion for Preliminary Injunction

In support of his motion for preliminary injunction, (Doc. No. 12), Plaintiff states that he
needs his “court documents in preparing for his case.” (Id.). Plaintiff requests that the Court
order Central Prison, where Plaintiff is currently incarcerated, to return his personal property,
which includes his court documents, legal mail, Bible, and other materials. Plaintiff has also
attached several statements by other inmates who wish to have their personal property returned.
“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter
v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citing Munaf v. Geren, 553 U.S. 674,
689-90 (2008)). In each case, courts “must balance the competing claims of injury and must
consider the effect on each party of the granting or withholding of the requested relief.” Amoco

Prod. Co. v. Gambell, 480 U.S. 531, 542 (1987). “[C]ourts of equity should pay particular
regard for the public consequences in employing the extraordinary remedy of injunction.”
Winter, 555 U.S. at 24. To obtain a preliminary injunction, the plaintiff “must establish that he
is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of
preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the
public interest.” Id. at 20 (citing Munaf, 553 U.S. at 689-90; Amoco, 480 U.S. at 542;
Weinberger v. Romero–Barcelo, 456 U.S. 305, 311-12 (1982)).
Plaintiff fails to show that he is entitled to a preliminary injunction. Plaintiff has not
shown that he is likely to succeed on the merits of his deliberate indifference claim, that the
balance of equities tips in his favor, or that an injunction is in the public interest. Furthermore,
and most significantly, he does not articulate how failure to return his personal property at
Central Prison will irreparably harm him in this action. Indeed, the alleged deliberate
indifference to serious medical needs occurred at another facility–Marion Correctional
Institution. Plaintiff does not attribute the removal of his personal property to any action by or
on behalf of any of the named Defendants, nor does he allege any facts against any named
Defendant, other than requesting to have the injunction placed in Defendant Lewis’ name.
Accordingly, Plaintiff has not demonstrated a need for the preliminary injunction in this case,
and the Court will deny his motion.1
B.

Discovery Motions

Next, with regard to Plaintiff’s motions for subpoena for medical records from
Marion/McDowell Hospital, (Doc. No. 13), and for medical records from Catawba County

1

Defendants also demonstrate that Plaintiff’s items were removed from his cell pursuant
to prison policy.
2

Hospital, (Doc. No. 14), the motions will be denied at this time, as the time for discovery has not
commenced.
C.

Motion for Appointment of Counsel

Finally, with regard to Plaintiff’s motion for appointment of counsel, the motion will be
denied for the same reason that the Court denied Plaintiff’s previous motion for appointment of
counsel. See (Doc. No. 5).
II.

CONCLUSION
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s motion for preliminary injunction, (Doc. No. 12), is DENIED;

2.

Plaintiff’s motion for subpoena for medical records from Marion/McDowell
Hospital, (Doc. No. 13), is DENIED;

3.

Plaintiff’s motion for subpoena for medical records from Catawba County
Hospital, (Doc. No. 14), is DENIED; and

4.

Plaintiff’s motion to appoint counsel, (Doc. No. 15), is DENIED.

Signed: March 12, 2012

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