REAVES v. WEXFORD MEDICAL SERVICES ( 2019 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION KEVIN REAVES, ) ) Plaintiff, ) ) v. ) No. 1:19-cv-00151-JPH-DLP ) WEXFORD MEDICAL SERVICES, et al. ) ) Defendants. ) ORDER DENYING MOTION FOR A PROTECTIVE ORDER Plaintiff Kevin Reaves filed an affidavit of special circumstances which was docketed as a motion for a protective order. He contends that the defendants in this case and a number of others have attempted to stop the progression of his legal actions, mainly by interfering with his mail. He asks for a transfer to a different facility. To the extent that Mr. Reaves is requesting an injunction ordering his transfer to a different facility, “[a] preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” River of Life Kingdom Ministries v. Village of Hazel Crest, 585 F.3d 364, 369 (7th Cir. 2009) (quoting Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (emphasis in original)). “To obtain such relief, the moving party must first demonstrate that it has a reasonable likelihood of success on the merits, lacks an adequate remedy at law, and will suffer irreparable harm.” Id. (citing Girl Scouts of Manitou Council, Inc.v. Girl Scouts of U.S. Inc., 549 F.3d 1079, 1086 (7th Cir. 2008)). Mr. Reaves’s motion is not based on sufficient factual allegations to show that he has a reasonable likelihood of success on the merit of his request for transfer. In addition, he has an adequate remedy at law for these claims because he can file a lawsuit on this issue. Finally, he has not shown that he will suffer irreparable harm. For these reasons, motion, dkt. [54], must be DENIED. SO ORDERED. Date: 12/9/2019 James Patrick Hanlon Distribution: United States District Judge Southern District of Indiana KEVIN REAVES 161700 PLAINFIELD - CF PLAINFIELD CORRECTIONAL FACILITY Electronic Service Participant — Court Only All Electronically Registered Counsel