Klassy v. Feather et al

Filing 51

ORDER: Denying Motion for a Preliminary Injunction 36 ; Denying Motion for a Preliminary Injunction 37 ; Denying Motion for Order 43 . Signed on 12/20/2013 by Judge Anna J. Brown. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
THOMAS M. KLASSY,
Case No. 3:13-cv-00434-BR
Plaintiff,
ORDER

v.
MARION FEATHER, et al.,
Defendants.
BROWN, Judge.
Plaintiff,

an

inmate

rights action prose.

at

FCI

Sheridan,

brings

civil

Currently before the Court are Plaintiff's

three requests for preliminary injunctive relief (#36),
(#43).

this

(#37), and

For the reasons that follow, the Court DENIES Plaintiff's

motions.

BACKGROUND
On March 13, 2013, Plaintiff filed his initial claims against
the Bureau of Prisons

("BOP")

in the form of a Petition for Writ

of Habeas Corpus pursuant to 28 U.S.C. § 2241.

1 - ORDER -

On April 11, 2013,

this Court denied the habeas petition, and granted Plaintiff leave
to file an Amended Complaint.

On May 13, 2013, Plaintiff filed an

Amended

civil

Complaint

alleging

rights

violations

against

individual staff members at FCI Sheridan and against the United
States.

Plaintiff's Amended Complaint alleges Defendants violated

Plaintiff's rights when they refused to allow Plaintiff, who is a
Seventh Day Adventist, to participate fully in Passover services.
Plaintiff's requests for injunctive relief do not pertain to
his

participation

Instead,

in

any

religious

services

or

activities.

Plaintiff requests the Court to restrain the BOP from

transferring

Plaintiff

out

of

the

District

reason pending the outcome of this action.

of

Oregon

for

any

Plaintiff also asserts

he has been moved to administrative detention and does not have
access to inmate email, his legal materials, or the electronic law
library,

and

Plaintiff

states

his

placement

in

administrative

detention resulted in the loss of his access to chapel.

LEGAL STANDARDS
To obtain preliminary injunctive relief in the Ninth Circuit,
a

party must

meet

one

of

two

alternative

tests.

Under

the

"traditional" standard, preliminary relief may be granted if the
court finds:

(1) the moving party will suffer irreparable injury

if the preliminary relief is not granted;
a

likelihood

of

success

on

the

(2) the moving party has

merits;

(3)

the

balance

of

potential harm favors the moving party; and (4) the advancement of

2 - ORDER -

the public interest favors granting injunctive relief.
N.R.R.

v.

934 F.2d 1064,

Department of Revenue,

Burlington

1084

(9th Cir.

1991) .
Under the alternative test,

the moving

part~

may meet the

burden by showing either (1) probable success on the merits and
the

possibility

of

irreparable

injury,

or

(2)

that

serious

questions are raised and the balance of hardships tips sharply in
the moving party's favor.

Id.;

Associated Gen.

Cal., Inc. v. Coalition for Economic Equity,

(9th Cir. 1991).

Contractors of

950 F.2d 1401, 1410

"These two formulations represent two points on

a sliding scale in which the required degree of irreparable harm
increases as the probability of success decreases."

Prudential

Real Estate Affiliates v. PPR Realty, Inc., 204 F.3d 867, 874 (9th

Cir. 2000).
DISCUSSION

As

noted,

the

harms

alleged

in

Plaintiff's

requests

for

preliminary injunctive relief are not the subject of any claims in
Plaintiff's
alleges

Amended

only

Complaint.

claims

related

Plaintiff's

to

Amended Complaint

the

of

denial

Passover religious services and activities.

access

As such,

to

the

Plaintiff

cannot establish the likelihood of success on the merits of a
challenge

to

his

placement

materials, and the law library.

3 - ORDER -

or

his

access

to

email,

legal

Moreover,

in the event Plaintiff is transferred to another

prison, this Court will retain jurisdiction over this action and
Plaintiff would maintain the same legal rights he has now.

As

such, Plaintiff has not shown he would suffer irreparable harm in
the event of such a transfer.
Plaintiff
injunctive

has

relief

not

established

requested.

he

is

Accordingly,

entitled
the

to

Court

the

DENIES

Plaintiff's motions.
CONCLUSION

For

these

reasons,

the

Court

DENIES

requests for preliminary injunction (#37),

Plaintiff's

three

(#38), and (#43).

IT IS SO ORDERED.
DATED this

~ """'

day of December, 2013.

ANNA J. BROWN
United States District Judge

4 - ORDER -

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