McKinnie v. Heisz et al

Filing 97

ORDER denying 75 Motion for preliminary injunctive relief. Signed by Chief Judge Barbara B. Crabb on 12/16/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------JA N A R I L. MCKINNIE, O PIN IO N and ORDER Plaintiff, 0 9 - cv -1 8 8 - b b c v. M AR K HEISZ, BRAD WOLFGRAM, ALAN MORRIS, JANEL NICKEL an d GREG GRAMS, D efendan ts. --------------------------------------------In this prisoner civil rights case, plaintiff Janari L. McKinnie is proceeding on a failure to protect claim against defendants. On December 3, plaintiff submitted a document in w h ich he states that prison staff is delaying delivery of documents he sent to be copied and has interfered with and even stolen plaintiff's mail. I construe this document as a request fo r preliminary injunctive relief. However, I must deny plaintiff's motion because it does not com ply with the court's procedures for obtaining a preliminary injunction, a copy of which I have attached to this order. Under these procedures, plaintiff must file with the court and se r v e on defendants proposed findings of fact supporting his claim, and submit with his pro po sed findings of fact any evidence he has to support his request for relief.

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Further, I note that even had plaintiff complied with the court's procedures for obtaining a preliminary injunction, I would have denied his motion because plaintiff has failed to show that this is one of the rare situations in which the court must intervene b ecau se defendants are actively and physically blocking plaintiff from coming to court or defendin g against a motion. Plaintiff complains about prison staff delaying in making copies of documents such as interrogatories, but it seems that plaintiff sent in these documents to the court only days later. Plaintiff does not show that prison officials are hampering his ability to bring this lawsuit.

OR DER IT IS ORDERED that plaintiff's motion for preliminary injunctive relief, dkt. #75, is DENIED. E n tered this 16t h day of December, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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I N TH E UNITED STATES DISTRICT COURT F O R THE W E S T E R N DISTRICT OF W I S C O N S I N P R O C E D U R E TO BE FOLLOW E D ON M O T I O N S FOR INJUN C T I V E RELIEF N O T E W E L L : It is the duty of the parties to present to the court, in t h e manner required by this procedure, all facts and law necessary t o the just, speedy and inexpensive determ i n a t io n of this matter. T h e court is not obliged to search the record for facts or to research t h e law when deciding a motion for injunctive relief. I. NOTICE A. I t is the movant's obligation to provide actual and im m e d i a t e notice to the opposing p a r t y of the filing of the motion and of the date set for a hearing, if any. T h e movant must serve the opposing party prom p t ly with copies of all materials filed. F a i l u r e to com p l y with provisions A and B may result in denial of the motion for this r e a s o n s alone.

B. C.

I I . MOVANT'S OBLIGATIONS A. I t is the movant's obligation to establish the factual basis for a grant of relief. 1. I n establishing the factual basis necessary for a grant of the motion, the movant must file a n d serve: (a) (b) (c) A stipulation of those facts to which the parties agree; or A statement of record facts proposed by the movant; or A statement of those facts movant intends to prove at an e v i d e n t ia r y hearing; or A n y combination of (a), (b) and (c).

(d ) 2.

W h e t h e r the movant elects a stipulation or a statement of proposed facts, it is the m o v a n t 's obligation to present a precisely tailored set of factual propositions that movant c o n s i d e r s necessary to a decision in the movant's favor. 1 (a ) T h e movant must set forth each factual proposition in its o w n separately numbered paragraph. (b ) I n each numbered paragraph the movant shall set cite

These factual propositions must include all basic facts necessary to a decision on the motion, i n c l u d i n g the basis for this court's jurisdiction, the identity of the parties and the background of the p a r t i e s ' dispute. The movant should not include facts unnecessary to deciding the motion for injunctive r e lie f.

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w i t h precision to the source of that proposition, such as p l e a d i n g s , 2 affidavits,3 exhibits, deposition transcripts, or a detailed proffer of testimony that will be presented at a n evidentiary hearing. B. T h e m o v a n t must file and serve all m a t e r i a l s specified in II. A with the m o v a n t ' s s u p p o r t i n g brief. I f , the court concludes that the movant's submissions do not comply substantially with t h e s e procedures, then the court, at its sole discretion, may deny summarily the motion f o r injunctive relief, cancel any hearing on the motion, or postpone the hearing.

D.

III. RESPONDENT'S OBLIGATIONS A. W h e n a m o t i o n and supporting m a t e r i a l s and brief have been filed and served in c o m p li a n c e with Section II, above, the opposing respondent(s) shall file and serve the fo llo w in g : 1. A n y affidavits or other documentary evidence that the respondent chooses t o file and serve in opposition to the motion. A response to the movant's statement of proposed findings of fact, with t h e respondent's paragraph numbers corresponding to the movant's p a r a g r a p h numbers. (a ) W i t h respect to each numbered paragraph of the m o v a n t 's proposed findings of fact, each respondent shall s ta t e clearly whether the proposed finding is not d i s p u t e d , disputed, or disputed in part. If disputed in p a r t , then the response shall identify precisely which part i s disputed. F o r each paragraph disputed in whole or in part, the r e s p o n s e shall cite with precision to the evidentiary m a t t e r in the record or to the testimony to be presented a t the hearing that respondent contends will refute this f a c t u a l proposition.

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(b )

B.

T h e response, in the form required by III A., above, shall be filed and served together with a brief in opposition to the motion for injunctive relief no later than the date set by the c o u r t in a separately issued briefing schedule.

The pleadings, however, are not evidence. Therefore, the movant may use the pleadings as a s o u r c e of facts only if all parties to the hearing stipulate to these facts on the record. Affidavits must be made on personal knowledge setting forth facts that would be admissible in e v i d e n c e , including any facts necessary to establish admissibility.
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C.

There shall be no reply by the movant.

IV. HEARING I f the court determines that a hearing is necessary to take evidence and hear arguments it shall notify the p a r ti e s promptly. It is each party's responsibility to ensure the attendance of its witnesses at any hearing.

11/24/2008

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