Mulligan v. Kenney et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATION; denying pltf's motion for preliminary injunctive relief by Judge Robert S. Lasnik. cc B Mulligan (RS)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Plaintiff, ) ) v. ) ) DR. DAVID KENNEY, et al., ) ) Defendants. ) _________________________________) BRUCE DANIEL MULLIGAN,

CASE NO.

C09-842RSL-MAT

ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

The Court, having reviewed plaintiff's amended civil rights complaint, plaintiff's motion for preliminary injunctive relief, the Report and Recommendation of Judge Mary Alice Theiler, United States Magistrate Judge, plaintiff's objections, and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. In Winter v. Natural Res. Def. Council, __ U.S. __, 129 S. Ct. 365, 375-76 (2008), the Supreme Court made clear that a preliminary injunction may not be entered based only on the "possibility" of irreparable harm: plaintiff must demonstrate that irreparable injury is likely in the absence of an injunction. Although Judge Theiler cited to Ninth Circuit authority that utilized the "possibility of irreparable injury"

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standard, that standard did not affect her preliminary injunction analysis. (2) (3) Plaintiff's motion for preliminary injunctive relief (Dkt. # 20) is DENIED. The Clerk is directed to send copies of this Order to plaintiff, to counsel for defendants, and to the Honorable Mary Alice Theiler.

Dated this 7th day of January, 2010.

A
Robert S. Lasnik United States District Judge

ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF