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Simoneaux v. Epps

United States District Court, S.D. Mississippi, Southern Division

February 21, 2014

RICHARD A. SIMONEAUX, #T7765, Plaintiff,
v.
CHRISTOPHER EPPS, et al., Defendants.

ORDER

KEITH STARRETT, District Judge.

This cause is before the Court on Plaintiff's Motions:

For Order to Show Cause [25]
For Service of Summons and Complaint [27]
For Perpetual Injunction [28]
For Order of Placement into Protective Custody [29]
For Default Judgment [36]
For Contempt [38]

Report and Recommendation of Magistrate Judge Michael T. Parker [39] and Objection thereto [40] filed by plaintiff,

The Court having considered the Report and Recommendation, the other documents above described and the record in this case, finds as follows, to-wit:

That plaintiff has filed the above described motions with the Court. The Motion for Service of Process [27] is moot because the process was served on defendants. In the Motion to Show Cause [25] the plaintiff claims that he was issued RVRs in retaliation for having brought this action. If retaliation is the allegation, then it concerned events that are subsequent to the Complaint that is before the Court. He also filed the Motion for Perpetual Injunction [28] wherein he seeks to be protected from retaliatory harassment apparently such as the RVRs addressed in the Petition for Order to Show Cause. He also filed a Motion for Placement in Protective Custody which also emanates from the July 29, 2013, RVRs that reclassified him to Class C custody. These motions seek injunctive relief and the plaintiff, in order to be entitled to injunctive relief, must demonstrate the following:

1. A substantial likelihood of success on the merits
2. A substantial threat that failure to grant the injunction would result in irreparable injury
3. The threatened injury outweighs any damage that the injunction would cause ...

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