Allgood v. Castillo et al
Filing
46
ORDER signed by Judge J.P. Stadtmueller on 7/6/2017 DENYING 45 Plaintiff's Motion for Preliminary Injunctive Relief. (cc: all counsel, via mail to Jamonte Allgood at Green Bay Correctional Institution) (jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JAMONTE ALLGOOD,
v.
Plaintiff,
DR. MARCELO CASTILLO,
RONALD J. EDWARDS, and
DR. JENNIFER BAAS,
Case No. 16-CV-1576-JPS
ORDER
Defendants.
On June 20, 2017, Plaintiff filed a motion requesting an order from
the Court directing certain prison officials at his institution to allow him
access to the prison law library. (Docket #45). None of the officials named
in the motion are parties to this case. See id. at 1. Plaintiff alleges that these
officials, which include the warden, the security director, a social worker,
and a correctional officer, have not given him sufficient access to the law
library. Id. Plaintiff appears to claim that he is not being put on the access
list for the law library in a timely fashion. See id.
The Court must deny Plaintiff’s request. To obtain a preliminary
injunction like the one he seeks here, Plaintiff must show that: (1) he is likely
to succeed on the merits; (2) he is likely to suffer irreparable harm in the
absence of preliminary relief; (3) the balance of equities tips in his favor;
and (4) an injunction is in the public interest. D.U. v. Rhoades, 825 F.3d 331,
335 (7th Cir. 2016). A preliminary injunction is “an extraordinary remedy
and is never awarded as of right.” Knox v. Shearing, 637 F. App’x 226, 228
(7th Cir. 2016). To meet this burden, Plaintiff must make a “clear showing
that [he] is entitled to such relief.” Winter v. Nat. Res. Def. Council, Inc., 555
U.S. 7, 22 (2008).
Plaintiff falls short of making the substantial showing necessary to
obtain preliminary injunctive relief. First, he seeks relief against individuals
who are not defendants in this case. The Prison Litigation Reform Act
instructs that “[p]reliminary injunctive relief must be narrowly drawn,
extend no further than necessary to correct the harm the court finds requires
preliminary relief, and be the least intrusive means necessary to correct that
harm.” 18 U.S.C. § 3626(a)(2). A broad injunction, against prison staff whose
conduct is not otherwise implicated in the present suit, does not meet this
standard.
Second, the motion appears to be an attempt to wedge allegations of
current wrongdoing into an ongoing case. Plaintiffs’ claims in this case
concern alleged deliberate indifference to his medical needs and assault by
a prison guard. See (Docket #36 at 4). Denial of access to the law library is
distinct from Plaintiff’s existing claims, see Gentry v. Duckworth, 65 F.3d 555,
558 (7th Cir. 1995), and it is not a claim on which Plaintiff has been
permitted to proceed. A motion for preliminary injunctive relief is not a
proper method by which to introduce new allegations of wrongdoing into
this case.
Finally, even on their merits, Plaintiff’s claims of denial of access to
the law library are difficult to parse. Is he being totally denied access, or is
he simply not getting as much access as he desires? It is hard to tell from his
stream-of-consciousness writing style. On this scant evidentiary basis, the
Court declines to insert itself into matters of prison administration. See 18
U.S.C. § 3626(a)(2); Hewitt v. Helms, 459 U.S. 460, 467 (1983) (“[P]rison
officials have broad administrative and discretionary authority over the
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institutions they manage.”). The Court has neither the institutional
capabilities nor the resources to police matters like library time schedules.
See Sandin v. Conner, 515 U.S. 472, 482–83 (1995) (federal courts should not
be involved in the “day-to-day management of prisons”). As a result, the
Court must deny Plaintiff’s request for a preliminary injunctive relief.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for preliminary injunctive
relief (Docket #45) be and the same is hereby DENIED.
Dated at Milwaukee, Wisconsin, this 6th day of July, 2017.
BY THE COURT:
____________________________________
J. P. Stadtmueller
U.S. District Judge
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