Davis, Jeffrey v. Bartow, Byron et al

Filing 175

ORDER denying plaintiff's 172 motion for preliminary injunction. Signed by District Judge William M. Conley on 2/12/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JEFFREY M. DAVIS, Jr.,
Plaintiff,

ORDER
12-cv-559-wmc

v.

CINDY HARDING, et al.,
Defendants.

State inmate Jeffrey M. Davis, Jr., filed this civil action pursuant to 42 U.S.C.
§ 1983, concerning the conditions of his confinement at the Columbia Correctional

Institution.

In particular, Davis claims that defendants failed to protect him from

self-harm on more than one occasion. Davis has now filed a motion for a temporary
restraining order or preliminary injunctive relief on the grounds that he has been approved
for transfer to the Green Bay Correctional Institution. After considering defendants'
response, Davis's motion must be denied for reasons set forth below.
Davis's motion for a preliminary injunction must be denied for three reasons.
I
'
'

First, Davis has failed to comply with governing procedures found in Fed. R. Civ. P. 65
thi~

and local rules on motions for injunctive relief in

district by providing a stipulation or

I

statement of proposed facts in support of his reqi,1est. 1 Second, Davis's request for a
preliminary injunction does not implicate any of
his underlying complaint nor otherwise meet the

the defendants or concern the merits of

lo~

threshold showing that he is likely to

succeed on the merits, that he has no adequate remedy at law, and that he is likely to

1

suffer irreparable harm in the absence of preliminary relief.

See Planned Parenthood of

Indiana, Inc. v. Comm'r of the Indiana State Dep't of Health, 699 F.3d 962, 972 (7th Cir.
2012) (citations omitted). Third, defendants disclose that Davis's transfer to the Green
Bay Correctional Institution has been rescinded, which effectively moots Davis's request,
at least at this time. Under these circumstances, the motion must be denied.

ORDER
IT IS ORDERED that Jeffrey M. Davis, Jr.'s motion for a preliminary injunction
(dkt. # 172) is DENIED.
Entered this 12th day of February, 2014.
BY THE COURT:

/s/
WILLIAM M. CONLEY
District Judge

1

The court's written Procedures to be Followed on Motions for Injunctive Relief are available from
the Clerk's Office upon request.
2