McMiller v. Corrections Corporation of America et al

Filing 127

ORDER ADOPTING REPORT AND RECOMMENDATION (1) ADOPTS the Report and Recommendation 123 issued on October 18,2016;(2) DENIES McMiller's Motion for a Temporary Restraining Order and a PreliminaryInjunction 116 file-stamped July 28, 2016; and(3) RE-REFERS this matter to Magistrate Judge Erwin for further proceedings.. Signed by Honorable Lee R. West on 11/18/16. (ml)

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 October 18, 2016, United States Magistrate Judge Shon T. Enwin issued a

Report and Recommendation in this matter and recommended that the Motion for a
Temporary Restraining Order and a Preliminary Injunction filed by plaintiff Tyrone Henry
McMiller be denied. See Doc. 123. Although McMiller, who is proceeding pro se, was

advised of his right to object, s^ jd. at 4. and of the consequences of his failure to do so,
see jd-. 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 "'right to [such]
relief . . . [is] clear and unequivocal.'" Schrier v. Universitv of Colorado. 427 F.3d 1253,

1258 (10'^ Cir. 2005)(quotation and further citations omitted).
McMiller has alleged in this action that during his incarceration in Cimarron
Correctional Facility his wrists were injured by the unlawful use of excessive force on
November 5, 2013. The prison officials whose conduct is the subject of the instant motion
are employed at James Crabtree Correctional Center and Oklahoma State Reformatory

and are not parties to this litigation; their actions, about which McMiller has complained,
occurred during his incarceration at those facilities and are not related to the events giving
rise to this lav^^suit. E.g.. De Beers Consolidated Mines. Ltd. v. United States. 325 U.S.

212, 220 (1945)(preliminary injunction only appropriate to grant intermediate relief ofsame
character as that v\/hich may ultimately be granted): Little v. Jones. 607 F.3d 1245, 1251

{10*^ Cir. 2010)(movant must establish relationship between injury claimed in motion and
conduct asserted in complaint).
Accordingly, the Court

(1) ADOPTS the Report and Recommendation [Doc. 123] issued on October 18,
2016;

(2) DENIES McMiller's Motion for a Temporary Restraining Order and a Preliminary
Injunction [Doc. 116] file-stamped July 28, 2016; and

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

day of November, 2016.

LEE R. WEST

^

UNITED STATES DISTRICT JUDGE