Byrd v. Westchester County Police Department

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JENEL SHANNONE BYRD, Plaintiff, 1:24-CV-9547 (LTS) -against- ORDER WESTCHESTER COUNTY POLICE DEPARTMENT, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Jenel Shannone Byrd, who proceeds pro se, has filed a motion seeking a preliminary injunction and a temporary restraining order, as well as a declaration in support of that motion. (ECF 4 & 5.) To obtain such immediate injunctive relief, a plaintiff must show: (1) that she is likely to suffer irreparable harm and (2) either (a) a likelihood of success on the merits of her case or (b) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in her favor. See UBS Fin. Servs., Inc. v. W.V. Univ. Hosps., Inc., 660 F.3d 643, 648 (2d Cir. 2011) (citation and internal quotation marks omitted); Wright v. Giuliani, 230 F.3d 543, 547 (2000). Immediate preliminary injunctive relief “is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” Moore v. Consol. Edison Co. of N.Y., Inc., 409 F.3d 506, 510 (2d Cir. 2005) (internal quotation marks and citation omitted). Plaintiff’s submissions do not demonstrate: (1) a likelihood of success on the merits, or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in her favor. Accordingly, the Court denies Plaintiff’s motion for a preliminary injunction and a temporary restraining order. The Court will issue an explanatory order at a later date. CONCLUSION The Court denies Plaintiff’s motion for a preliminary injunction and a temporary restraining order. (ECF 4.) The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of an

appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: December 19, 2024 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge