Ali v. Eckstein et al

Filing 15

ORDER signed by Judge J.P. Stadtmueller on 2/9/2017 DENYING 11 Plaintiff's Request for Prison Transfer. (cc: all counsel, via mail to Ouati K. Ali at Green Bay Correctional Institution)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
OUATI K. ALI,
Plaintiff,
v.

Case No. 16-CV-1518-JPS

SCOTT ECKSTEIN,
MICHELLE HAESE, and
MICHAEL DONOVAN,

ORDER
Defendants.

Plaintiff, a prisoner, brings this action pro se pursuant to 42 U.S.C.
§ 1983. This matter comes before the Court on Plaintiff’s recent letter in which
he requests transfer to another prison. (Docket #11). Plaintiff requests that the
Court order his transfer to another prison because, according to him, he has
suffered retaliation from prison officials because he filed the instant lawsuit.
Id. Plaintiff alleges that he has been denied certain religious practices, has not
been able to send some mail, has had legal documents taken from him, has
been placed in temporary lock-up (a type of segregation), and has been
denied access to the law library. Id. He includes several documents with his
letter which he believes support his allegations of recent retaliation.
Plaintiff’s motion must be denied. First and foremost, the matter of
transfer between correctional institutions is generally not within the Court’s
purview. Instead, this is an administrative matter for the Department of
Corrections to consider. See Capoeira v. Pollard, Case No. 16-CV-224, 2016 WL
1452398, at *4 (E.D. Wis. Apr. 13, 2016); Lindsey v. Brown, No.
2:13–cv–00068–JMS–WGH, 2013 WL 5148347, at *1 (S.D. Ind. Sept. 11, 2013).
Additionally, Plaintiff’s unverified allegations of retaliation do not clearly
demonstrate that he is in imminent danger of irreparable harm, thereby

meriting preliminary injunctive relief. See Teamsters Local Unions Nos. 75 & 200
v. Barry Trucking, 176 F.3d 1004, 1011 (7th Cir. 1999); Christian Legal Soc'y v.
Walker, 453 F.3d 853, 870 (7th Cir. 2006); Douglas v. Lemmon, No.
2:16-cv-00368-JMS-DKL, 2016 WL 7034965, at *2 (S.D. Ind. Dec. 2, 2016)
(denying motion for transfer to another prison based on alleged retaliation
for bringing lawsuit). The motion will, therefore, be denied.
Accordingly,
IT IS ORDERED that Plaintiff’s request for prison transfer (Docket
#11) be and the same is hereby DENIED.
Dated at Milwaukee, Wisconsin, this 9th day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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