Muhammad v. Geo Care Justcare Department of Mental Health

Filing 25

ORDER denying 24 Motion for Preliminary Injunction, Signed by Magistrate Judge Joseph R McCrorey on December 13, 2011.(kbos)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION James Muhammad, ) ) Petitioner, ) ) v. ) ) Geo Care Justcare Department of Mental ) Health, ) ) Respondents. ) ___________________________________ ) C/A NO. 3:11-2396-CMC-JRM OPINION and ORDER This matter is before the court on Petitioner’s pro se motion for “an executive order” seeking injunctive relief. ECF No. 24 (filed Dec. 9, 2011). Petitioner presents no support for his request for injunctive relief other than the argument, repeated throughout Petitioner’s filings with this court, that he is being held “hostage” by authorities. Mot. at 2. A district court must apply a rigorous four-part test in determining whether to grant a preliminary injunction. To qualify for such relief, the moving party must show (1) likelihood he will succeed on the merits; (2) likelihood he will suffer irreparable harm in the absence of a preliminary injunction; (3) that the balance of equities tips in his favor; and (4) that the injunction is in the public interest. Winter v. NRDC, Inc., 555 U.S. 7, 20 (2008). Petitioner’s motion meets none of these requirements. Therefore, Petitioner’s motion is denied. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina December 13, 2011

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