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Terry v. Jones

United States District Court, W.D. Oklahoma
Mar 30, 2007
Case No. CIV-06-840-F (W.D. Okla. Mar. 30, 2007)

Summary

denying a motion for a preliminary injunction on grounds that the petitioner had failed to establish a relationship between preliminary relief and the claims in his habeas petition

Summary of this case from Davis v. CoreCivic, Inc.

Opinion

Case No. CIV-06-840-F.

March 30, 2007


ORDER


Before the court is Petitioner's Application for a Temporary Restraining Order and/or Injunction to Stop Retaliation by Agents of the Respondent, filed March 27, 2007 (doc. no. 35). Although the time for respondents to respond to petitioner's application has not yet run, the court, upon review, concludes that a response is not necessary in order for the court to rule on petitioner's application. The court shall therefore proceed with an adjudication of petitioner's application without a response.

The object of a temporary restraining order is to preserve the status quo until the court has an opportunity to rule on an application for preliminary injunction. 13 James WM. Moore,Moore's Federal Practice, § 65.30 (3d ed. 2006). Because the court is adjudicating petitioner's preliminary injunction request with this order, the court concludes that a temporary restraining order is not necessary. The court therefore finds that petitioner's application for a temporary restraining order should be denied.

The purpose of a preliminary injunction is to preserve the status quo pending the litigation of the merits. Penn v. San Juan Hospital, Inc., 528 F.2d 1181, 1185 (10th Cir. 1975). A preliminary injunction is appropriate to grant intermediate relief of the same character as that which may be finally granted, and relief is not proper when requested on matters lying wholly outside the issues in suit. De Beers Consol. Mines v. U.S., 325 U.S. 212, 220 (1945). To obtain preliminary injunctive relief, the party "must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint." Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994); see also, Penn, 528 F.2d at 1185 ("The burden is, of course, on the movant to establish his right to such relief. He must do so by clear proof that he will probably prevail when the merits are tried, so to this extent there is a relation between temporary and permanent relief.")

Petitioner has not established the relationship between the alleged injury in his application and his habeas petition. Petitioner's application concerns alleged conduct entirely unrelated to his habeas petition. Consequently, the court finds that petitioner's application for preliminary injunction should be denied.

Accordingly, Petitioner's Application for a Temporary Restraining Order and/or Injunction to Stop Retaliation by Agents of the Respondent, filed March 27, 2007 (doc. no. 35), is DENIED.


Summaries of

Terry v. Jones

United States District Court, W.D. Oklahoma
Mar 30, 2007
Case No. CIV-06-840-F (W.D. Okla. Mar. 30, 2007)

denying a motion for a preliminary injunction on grounds that the petitioner had failed to establish a relationship between preliminary relief and the claims in his habeas petition

Summary of this case from Davis v. CoreCivic, Inc.

denying a motion for a preliminary injunction on grounds that the petitioner had failed to establish a relationship between preliminary relief and the claims in his habeas petition

Summary of this case from Adams v. Ade

denying a motion for a preliminary injunction on grounds that the petitioner had failed to establish a relationship between preliminary relief and the claims in his habeas petition

Summary of this case from Zudell v. Van Horn

denying a motion for a preliminary injunction on grounds that the petitioner had failed to establish a relationship between preliminary relief and the claims in his habeas petition

Summary of this case from Gray v. Sorrels

denying a motion for a preliminary injunction on grounds that the petitioner had failed to establish a relationship between preliminary relief and the claims in his habeas petition

Summary of this case from Hicks v. Jones

denying a motion for a preliminary injunction on grounds that the petitioner had failed to establish a relationship between preliminary relief and the claims in his habeas petition

Summary of this case from Hicks v. Jones
Case details for

Terry v. Jones

Case Details

Full title:PATRICK JOSEPH TERRY, Petitioner, v. JUSTIN JONES, Director, et al.…

Court:United States District Court, W.D. Oklahoma

Date published: Mar 30, 2007

Citations

Case No. CIV-06-840-F (W.D. Okla. Mar. 30, 2007)

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