Cliett v. Goins et al
ORDER that Plaintiff's 47 Letter is construed as a Motion for Temporary Restraining Order and is DENIED. Signed by Chief Judge Martin Reidinger on 7/29/2022. (Pro se litigant served by US Mail.)(kby)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 5:21-cv-00014-MR
JOEL MICHAEL CLIETT,
DUSTIN GOINS, et al.,
THIS MATTER is before the Court on the Plaintiff’s pro se Letter [Doc.
47] that is construed as a Motion for Temporary Restraining Order.
The incarcerated pro se Plaintiff filed the Complaint pursuant to 42
U.S.C. § 1983 addressing incidents that allegedly occurred at the Alexander
Correctional Institution. [Doc. 1]. On August 26, 2021, the Complaint passed
initial review against four Alexander CI correctional officers for the use of
excessive force and failure to intervene. [Doc. 19]. Dispositive Motions are
due on September 9, 2022. [See text-only Order entered on July 27, 2022].
Presently before the Court is the Plaintiff’s Motion seeking a temporary
restraining order that would require the Defendants to stay away from the
Plaintiff until this case is resolved. He asserts that he is being harassed and
retaliated against for having filed this lawsuit. Specifically, he claims that he
is being forced to a new cell every 30 to 45 days; he was placed in
segregation on April 9, 2022; and his lawsuit package was thrown away.
Preliminary injunctive relief is an extraordinary remedy afforded before
trial at the discretion of the district court. In re Microsoft Corp. Antitrust Litig.,
333 F.3d 517, 524-26 (4th Cir. 2003). It is an extraordinary remedy never
awarded as of right. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7,
24 (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. Village of Gambell, 480 U.S. 531,
542 (1987). To obtain a preliminary injunction, the plaintiff must establish (1)
that he is likely to succeed on the merits; (2) that he is likely to suffer
irreparable harm in the absence of preliminary relief; (3) that the balance of
equities tips in his favor; and (4) that an injunction is in the public interest.
Winter, 555 U.S. at 20.
The Plaintiff has not established any of the elements that would
warrant preliminary injunctive relief. Therefore, his Motion is denied.
IT IS, THEREFORE, ORDERED that Plaintiff’s Letter [Doc. 47] is
construed as a Motion for Temporary Restraining Order and is DENIED.
IT IS SO ORDERED.
Signed: July 29, 2022
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