Rauch v. Welch et al

Filing 51

MEMORANDUM OPINION AND ORDER directing that plaintiff, by counsel, move to amend the complaint by 1/3/2014; denying as moot the 43 MOTION for appointment of counsel and denying as moot the 46 MOTION to amend the complaint. Signed by Judge John T. Copenhaver, Jr. on 12/24/2013. (cc: plaintiff; attys) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

JORDAN LAWRENCE RAUCH,
Plaintiff,
v.

Case No. 2:13-0468

BRIAN WELCH, C.O. II,
Mt. Olive Correctional Complex, and
JUSTIN COTTRELL, C.O. II,
Mt. Olive Correctional Complex, and
JAMES (a/k/a Jim) RUBENSTEIN,
Commissioner of Division of
Corrections, and RITA ALBURY, Inmate
Movement Coordinator, and
DAVID BALLARD, Warden, Mt. Olive Correctional Complex, and
CHERYL CHANDLER, Warden Executive Assistance, and
SHERRILL LYNN SNYDER, Mental Health Director, and
REGINA STEPHENSON, Director of Classification, and
JUSTIN COOK, C.O II, Mt. Olive Correctional Complex, and
BENNITT, C.O. II, Mt. Olive Correctional Complex, and
JANE/JOHN DOE, unknown defendants, each named defendant in sued
in his or her individual capacity.
Defendants.
MEMORANDUM OPINION AND ORDER
Pending are the plaintiff Jordan Lawrence Rauch’s
motions (1) for transfer to the Northern Correctional Center,
filed July 11, 2013, (2) for appointment of counsel, filed July
26, 2013, and (3) to amend the complaint, filed July 26, 2013.

The motion for transfer contains a single sentence
asserting transfer is necessary inasmuch as Mr. Rauch, without
further elaboration, “is in danger for his life and safety from
staff and other inmates . . . .”

(Mot. at 1).

Inasmuch as the

request seeks relief in the nature of a preliminary injunction
or declaration, and that Mr. Rauch has not made the showing
required for such relief nor apparently exhausted his
administrative remedies, it is ORDERED that the motion be, and
hereby is, denied.

See United States v. South Carolina, 720

F.3d 518, 533 (4th Cir. 2013) (“To obtain a preliminary
injunction, a moving party must establish the presence of the
following: (1) ‘a clear showing that it will likely succeed on
the merits’; (2) ‘a clear showing that it is likely to be
irreparably harmed absent preliminary relief’; (3) the balance
of equities tips in favor of the moving party; and (4) a
preliminary injunction is in the public interest.”) (quoting
Real Truth About Obama, Inc. v. Fed. Election Comm., 575 F.3d
342, 346–47 (4th Cir. 2009); West Virginia Ass'n of Club Owners
& Fraternal Servs., Inc. v. Musgrave, 553 F.3d 292, 298 (4th
Cir. 2009)).

On December 6, 2013, counsel noted his appearance for
the plaintiff Jordan Lawrence Rauch.

2

Counsel having expressed

his intention to file an amended complaint, it is ORDERED that
plaintiff, by counsel, be, and hereby is, directed to move to
amend the complaint on or before January 3, 2014.

It is further

ORDERED that the previously filed motions for appointment of
counsel and to amend the complaint be, and hereby are, denied as
moot.

The Clerk is directed to send a copy of this written
opinion and order to counsel of record and plaintiff.
ENTER: December 24, 2013
John T. Copenhaver, Jr.
United States District Judge