United States District Court, M.D. Louisiana
ORDER
SHELLY
D. DICK DISTRICT JUDGE
This
matter comes before the Court on Plaintiff's Request
for Preliminary Injunction Order.[1]
Pro
se Plaintiff, an inmate confined at the Louisiana State
Penitentiary ("LSP"), Angola, Louisiana, filed this
action pursuant to 42 U.S.C. § 1983 against Secretary
James LeBlanc, former Warden Burl Cain, Ass't Warden Troy
Poret, Major Trampus Butler, Major Trent Barton, Mental
Health Worker Roberta Barrow, Classification Officer Raphael
Augustine, and Legal Programs Director Trish Foster.
Plaintiff complains that Defendants violated his
constitutional rights in September of 2014, by charging him
with a false disciplinary report in retaliation for
Plaintiff's exercise of his First Amendment right to
complain about the alleged wrongful conduct of correctional
officers. Plaintiff further complains that he was found
guilty of the false disciplinary charge and sentenced to
punitive segregated confinement at Camp J at LSP, where he
was forced to shave his beard in violation of his religious
beliefs.
In the
instant motion, consisting of a single page and a single
sentence, Plaintiff requests "a preliminary injunction
forbidding DOC personnel from harassing me to shave my
beard."[2]
Plaintiff
is not entitled to the relief requested. In order to obtain
preliminary injunctive relief, Plaintiff must demonstrate:
"(1) a substantial likelihood that he will prevail on
the merits, (2) a substantial threat that he will suffer
irreparable harm if the injunction is not granted, (3) his
threatened injury outweighs the threatened harm to the party
whom he seeks to enjoin, and (4) granting the preliminary
injunction will not disserve the public
interest."[3] "[A] preliminary injunction is an
extraordinary remedy which should not be granted unless the
party seeking it has 'clearly carried the burden of
persuasion' on all four requirements."[4] If Plaintiff
fails to meet his burden regarding any of the necessary
elements, the Court need not address the other elements
necessary for granting a preliminary
injunction.[5] Additionally, in the prison context,
preliminary injunctive relief must be narrowly drawn, must
extend no further than necessary to correct the violation of
the federal right, and must be the least intrusive means
necessary to correct the harm.[6]
On the
record before the Court, Plaintiff is not entitled to the
relief requested. His claim of irreparable injury is entirely
conclusory, and the Court has denied previous requests by
Plaintiff for injunctive relief.[7] In doing so, the Court has
noted that it is unlikely that Plaintiff will prevail on his
claims against Defendants and that any harm that may come to
Plaintiff is likely to be minor rather than
irreparable.[8] The Court again finds that Plaintiff has
failed to establish the essential components of a viable
claim for preliminary injunctive relief and that his claims
in this case are subject to being adequately addressed in
this ordinary proceeding.[9] Plaintiff's request for injunctive
relief, therefore, shall be denied. Accordingly, IT IS HEREBY
ORDERED that the Plaintiff's Request for Preliminary
injunction Order[10]is DENIED.
---------
Notes:
[1] Rec. Doc. 46.
[2] Id.
[3] Lake Charles Diesel, Inc. v.
General Motors Corp., 328 F.3d 192 196 (5th Cir
20031
[4] Id.
[5]
See Roho, Inc. v. Marquis,
902 F.2d 356. 361 (5th Cir 1990)