Gurule v. Taylor et al
Filing
7
ORDER: Plaintiff's Motion 4 is denied. Signed on 12/14/15 by Judge Michael J. McShane. (Mailed copy to plaintiff) (dsg)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
RICHARD E. GURULE,
Plaintiff,
2:15-cv-2260-MC
ORDER
v.
JERI TAYLOR, et al.,
Defendants.
Mcshane, District Judge.
Plaintiff,
an
inmate
in
the
custody
of
the
Oregon
Department of Corrections filed a complaint under 42 U.S.C.
§
1983 alleging violations of his civil rights arising out of
his
medical
care
at
the
Eastern
Oregon
Correctional
Institution.
Plaintiff now moves for a temporary restraining order and
preliminary injunction requiring plaintiff to be examined by
medical specialists to "evaluate" his medical condition and
"prescribe treatments."
The general
1 - ORDER
rules
for
granting preliminary relief are
familiar and need not be discussed in detail.
"The purpose of
a preliminary injunction is merely to preserve the relative
positions of the parties until a trial on the merits can be
held," and it is generally inappropriate for a federal court
at the preliminary injunction stage to give a final judgment
on the merits.
University of Texas v.
Camenisch,
451 U.S.
391, 395 (1981); Tanner Motor Livery, Ltd. V. Avis, Inc, 316
F.2d
804,
808
(9th
Cir.
1983).
See
also,
Regents
of
University of California v. ABC, Inc., 747 F.2d 511, 514 (9th
Cir. 1984)
("* * * the function of a preliminary injunction is
to preserve the
status quo ad litem. ")
Wright and Miller,
Federal Practice and Procedure § 2947 (1973)
("* * * the most
compelling reason in favor of entering a Rule 65(a) order is
the need to prevent the judicial process from being rendered
futile by defendant's actions or refusal to act").
In
this
case,
the
preliminary
equitable
relief
that
plaintiff seeks would in essence constitute a judgment on the
merits
of
plaintiff's
underlying
claim
and
is
therefor
inappropriate.
Plaintiff's Motion (#4) is denied.
DATED this
___
I"( day of December,
\._
2015.
Michael Mcshane
United States District Judge
2 - ORDER
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