Ayo v. Louisiana Dept. of Corrections

M.D. Louisiana

Ayo v. Louisiana Dept. of Corrections

District Court, M.D. Louisiana·Decided November 14, 2019·No. 3:19-cv-00449·Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA GLENN CHARLES AYO (#531823) CIVIL ACTION VERSUS NO.,; 19-00449-BAJ-RLB LOUISIANA DEPARTMENT OF CORRECTIONS, ET AL,

ORDER Before the Court is the Plaintiffs Petition for Injunctive Relief (Doc. 11) asking the Court to order the Legal Programs Director, Nyesha Davis, to afford the Plaintiff his “corrective process grievance procedure and administrative due process right(s)” regarding his lost property claim. To obtain injunctive relief, a plaintiff must establish: (1) a substantial likelihood of prevailing on the merits; (2) a substantial threat of irreparable injury if the injunction is not granted; (8) the threatened injury outweighs any harm that will result to the non-movant if the injunction is granted; and (4) the injunction will not disserve the public interest. See Ridgely v. Fed. Emergency Mgmt. Agency, 512 F.3d 727, 734 (5th Cir. 2008). Ifa 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, See Roho, Inc. v. Marquis, 902 F.2d 356, 261 th Cir. 1990) (declining to address the remaining elements necessary to obtain a preliminary injunction after finding that the plaintiff failed to show a substantial likelihood of success on the merits).

On the record before the Court, the Plaintiff is not entitled to the relief requested. The Plaintiff has not shown a substantial threat of irreparable injury if the injunction is not granted. A review of the exhibit attached to the Plaintiff's instant Motion reveals that the Plaintiff and the prison have complied with the uniform procedure for handling lost property claims set forth in 22 La. ADC, Part I, § 325(L). Furthermore, any grievance filed regarding lost property would be properly rejected since there is a specialized procedure in place, which the Plaintiff has already utilized. See 22 La. ADC, Part I, § 325(1)(1)(c)G@)(b) Gi). Accordingly, IT IS ORDERED that the Plaintiffs Motion for Injunctive Relief (Doc. 11) is DENIED.

Baton Rouge, Louisiana, this i of November, 2019. za St JUDGE BRI . JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA GLENN CHARLES AYO (#531823) CIVIL ACTION VERSUS NO.,; 19-00449-BAJ-RLB LOUISIANA DEPARTMENT OF CORRECTIONS, ET AL,

ORDER Before the Court is the Plaintiffs Petition for Injunctive Relief (Doc. 11) asking the Court to order the Legal Programs Director, Nyesha Davis, to afford the Plaintiff his “corrective process grievance procedure and administrative due process right(s)” regarding his lost property claim. To obtain injunctive relief, a plaintiff must establish: (1) a substantial likelihood of prevailing on the merits; (2) a substantial threat of irreparable injury if the injunction is not granted; (8) the threatened injury outweighs any harm that will result to the non-movant if the injunction is granted; and (4) the injunction will not disserve the public interest. See Ridgely v. Fed. Emergency Mgmt. Agency, 512 F.3d 727, 734 (5th Cir. 2008). Ifa 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, See Roho, Inc. v. Marquis, 902 F.2d 356, 261 th Cir. 1990) (declining to address the remaining elements necessary to obtain a preliminary injunction after finding that the plaintiff failed to show a substantial likelihood of success on the merits).

On the record before the Court, the Plaintiff is not entitled to the relief requested. The Plaintiff has not shown a substantial threat of irreparable injury if the injunction is not granted. A review of the exhibit attached to the Plaintiff's instant Motion reveals that the Plaintiff and the prison have complied with the uniform procedure for handling lost property claims set forth in 22 La. ADC, Part I, § 325(L). Furthermore, any grievance filed regarding lost property would be properly rejected since there is a specialized procedure in place, which the Plaintiff has already utilized. See 22 La. ADC, Part I, § 325(1)(1)(c)G@)(b) Gi). Accordingly, IT IS ORDERED that the Plaintiffs Motion for Injunctive Relief (Doc. 11) is DENIED.

Baton Rouge, Louisiana, this i of November, 2019. za St JUDGE BRI . JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Ayo v. Louisiana Dept. of Corrections, (M.D. La. 2019).

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