United States District Court, W.D. Michigan, Northern Division
ROBERT HOLMES BELL JUDGE
REPORT AND RECOMMENDATION
TIMOTHY P. GREELEY UNITED STATES MAGISTRATE JUDGE
prisoner Leon Percival filed a “Order to Show Cause and
Temporary Restraining Order” (ECF No. 4). On August 31,
2016, the Court issued an opinion dismissing every Defendant
except for Defendant Golladay. Plaintiff alleges that
Defendants established a policy of not allowing prisoners to
use the bathroom facility except at the top of the hour.
Plaintiff alleges that this was done as a sanction or
punishment for minor and major misconducts. Plaintiff also
alleges that when he was not on Toplock confinement he was
denied bathroom use during “count” for
approximately one hour. Plaintiff was also denied access to
alleges that his medical condition of “Rabdo
Myolitis” causes his muscles and organs to discharge
blood and other fluids into his urine when he does not drink
enough water or when he engages in strenuous activity. Lack
of proper hydration causes Plaintiff to have dark and reddish
urine, fatigue, and joint pain. Plaintiff asserts that as a
result of his condition he is more prone to kidney failure.
alleges that Defendant Golladay retaliated against Plaintiff
by attempting to transfer Plaintiff to the West side of the
Chippewa Correctional Facility so that Plaintiff would be
near a prisoner enemy, S.B. Plaintiff alleges that he can
handle himself against S.B., but that S.B. has the financial
means to pay other prisoners to assault Plaintiff.
moves for injunctive relief requesting that the Court order
Defendants to cease and desist from enforcing the bathroom
restriction policies. Additionally, Plaintiff requests that
the Court issue an order requiring Defendants to cease and
desist from housing Plaintiff near a prisoner enemy and near
his staff enemies.
issuance of preliminary injunctive relief is committed to the
discretion of the district court. Planned Parenthood
Association v. City of Cincinnati, 822 F.2d 1390, 1393
(6th Cir. 1987). In exercising that discretion, the court
must consider and balance four factors:
1. Whether the movant has shown a strong or substantial
likelihood or probability of success on the merits.
2. Whether the movant has shown irreparable injury.
3. Whether the preliminary injunction could harm third
4. Whether the public interest would be served by issuing a
Washington v. Reno, 35 F.3d 1093 (6th Cir. 1994).
These factors are not prerequisites to the grant or denial of
injunctive relief, but factors that must be carefully
balanced by the district court in exercising its equitable
where a prison inmate seeks an order enjoining state prison
officials, this Court is required to proceed with the utmost
care and must recognize the unique nature of the prison
setting. See Kendrick v. Bland, 740 F.2d 432 at 438,
n.3, (6th Cir. 1984). See also Harris v. Wilters,
596 F.2d 678 (5th Cir. 1979). It has also been remarked that
a party seeking injunctive relief bears a heavy burden of
establishing that the extraordinary and drastic remedy sought
is appropriate under the circumstances. See Checker
Motors Corp. v. Chrysler Corp., 405 F.2d 319 (2d Cir.
1969), cert. denied, 394 U.S. 999 (1969).
See also O'Lone v. Estate of Shabazz, 482 U.S.
“initial burden” in demonstrating entitlement to
preliminary injunctive relief is a showing of a strong or
substantial likelihood of success on the merits of his
Section 1983 action. NAACP v. City of Mansfield,
Ohio, 866 F.2d 162, 167 (6th Cir. 1989). A review of the
materials of record fails to establish a substantial
likelihood of success with respect to Plaintiff's claim
that Defendants have violated his federal rights. The Court
has already dismissed Plaintiffs' claims that involve
restrictions on the use of the restroom facilities at the
prison. Therefore, in the opinion of the undersigned,
Plaintiff's injunctive relief request relating to
restroom use rules must fail. Plaintiff has not shown a
likelihood of success on the merits of his retaliation claim
against Defendant Golladay at this time. Plaintiff has not
factually supported his claims that he is in danger of
assault from prisoner S.B ...