Burden v. Scarberry et al

Filing 15

OPINION & ORDER denying 2 Motion for TRO. Signed by Judge James P. Jones on 10/5/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

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JOHNNY M. BURDEN,
Plaintiff,
v.
SCARBERRY, ET AL.,
Defendants.

Case No. 7:17CV00343
OPINION AND ORDER
By: James P. Jones
United States District Judge

Johnny M. Burden, Pro Se Plaintiff.
The plaintiff, Johnny M. Burden, a Virginia inmate proceeding pro se, filed
this prisoner civil rights action under 42 U.S.C. § 1983, alleging that prison
officials have violated his constitutional rights. He alleges that while he was
working in the kitchen at Red Onion State Prison, other inmates assaulted him
three times because correctional officers were not monitoring the stockroom as
required.

Burden has filed a separate motion titled “Request for Temporary

Restraining Order,” asking the court to order officials to refrain from violating
prisoners’ constitutional rights. After review of the record, I conclude that the
motion must be denied.
Temporary restraining orders are governed by Rule 65(b) of the Federal
Rule of Civil Procedure. Such orders are issued only rarely, when the movant

proves that he will suffer irreparable injury if relief is not granted before the
adverse party could be notified and have an opportunity to respond. Fed. R. Civ.
P. 65(b).

Neither Burden’s motion nor his Complaint states facts showing a

likelihood of any injury or harm he will suffer if the defendants are allowed to
respond to his claims before I decide them in the normal course of litigation. The
alleged inmate assaults that occurred in May 2017do not, without more, support
issuance of any interlocutory injunctive relief to prevent future harm. By separate
order, the court has directed the clerk to attempt service of process on the
defendants.
For the reasons stated, it is ORDERED that the plaintiff’s motion seeking a
temporary restraining order (ECF NO. 2) is DENIED.
ENTER: October 5, 2017
/s/ James P. Jones
United States District Judge

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