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Ware v. Love

July 29, 2008

ERIC WARE, INMATE #R-32516, PLAINTIFF,
v.
CHAPLAIN LOVE, ET AL., DEFENDANTS.



MEMORANDUM AND ORDER

G. PATRICK MURPHY, District Judge

Numerous motions are pending in this action. MOTION FOR INJUNCTIVE RELIEF (DOC.3)

Plaintiff seeks an order for immediate injunctive relief, otherwise known as a temporary restraining order (TRO). A TRO is an order issued without notice to the party to be enjoined that may last no more than ten days, and such an order may issue without notice only if (1) it clearly appears from the specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in opposition, and (2) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required.

FED.R.CIV.P. 65(b). Without expressing any opinion on the merits of any other claim for relief, the Court finds that a TRO should not issue in this matter. Plaintiff's allegations do not set forth specific facts demonstrating the likelihood of immediate and irreparable harm before Defendants can be heard.

IT IS THEREFORE ORDERED that the request for issuance of injunctive relief is DENIED.

MOTION FOR CLASS ACTION CERTIFICATION AND TO APPOINT COUNSEL (DOC.4)

The gist of this action is religious discrimination against Muslims. Among other things, Plaintiff alleges that Defendants refuse to accommodate Muslims with a proper religious diet or access to services.

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

FED.R.CIV.P. 23(a).

Plaintiff makes no showing on any of these elements. Therefore, the request for class action certification is DENIED.

Plaintiff also includes a one-line request for appointment of counsel; this motion is DENIED.

MOTION FOR TEMPORARY RESTRAINING ORDER (DOC.9)

In this request for issuance of a TRO, Plaintiff claims that he is being denied access to the law library with regard to court deadlines issued in another case pending in this District. See Ware v Uchtman, Case No. 06-cv-468-GPM (S.D. Ill., filed June 15, 2006). Events ...


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