McMiller v. Corrections Corporation of America et al

Filing 106

ORDER ADOPTING REPORT AND RECOMMENDATION for 102 Report and Recommendation; denies 97 McMiller's Motion for TRO, Motion for Preliminary Injunction; re-refers matter to Magistrate Erwin for further proceedings. Signed by Honorable Lee R. West on 03/15/16. (jy)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA
TYRONE HENRY McMILLER,

Plaintiff,

)
vs.

)

No. CIV-14-161-W

CORRECTIONS CORPORATION OF

AMERICA etal.,
Defendants.

ORDER

On February 16, 2016, United States Magistrate Judge Shon T. Erwin issued a
Report and Recommendation and recommended that the Motion for Temporary
Restraining Order and a Preliminary Injunction filed by plaintiff Tyrone Henry McMlller be

denied. McMiller, who is proceeding pro se, was advised of his right to object, see Doc.
102 at 4, but no objections have been filed within the allotted time.

Upon review of the record, the Court concurs with Magistrate Judge Erwin's
suggested disposition of McMiller's motion. Temporary restraining orders and preliminary
injunctions are extraordinary remedies, and McMiller has not shown that his '"rightto relief
. . . [is] clear and unequivocal.'" Schrier v. Universitv of Colorado, 427 F.3d 1253, 1258

(10^^ Cir. 2005)(quotation and further citation omitted). The prison officials whose conduct
is the subject of the instant motion are not parties and their conduct-refusal to provide
certain prescribed medication-is not related to the events giving rise to this lawsuit. E.g..
De Beers Consolidated Mines. Ltd. v. United States. 325 U.S. 212,220 (1945)(preliminary

injunction only appropriate to grant intermediate relief of same character as that which may

ultimately be granted); Little v. Jones, 607 F.Sd 1245, 1251 (10'^ Cir. 2010)(movant must

establish relationship between injury claimed in motion and conduct asserted incomplaint).
Accordingly, the Court

(1) ADOPTS the Report and Recommendation [Doc. 102] issued on February 16,
2016;

(2) DENIES McMiller's Motion for Temporary Restraining Order and a Preliminary
Injunction [Doc. 97] file-stamped September 28, 2015; and

(3) RE-REFERS this matter to Magistrate Judge Erwin for further proceedings.
ENTERED this

day of March, 2016.

:ee r. west

UNITED STATES DISTRICT JUDGE