Cary v. Teske

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRYAN ALLEN CARY, Plaintiff, Vv. Case Number 2:24-CV-10411 HONORABLE NANCY G. EDMUNDS UNITED STATES DISTRICT JUDGE TESKE, Defendant, / OPINION AND ORDER DENYING THE MOTION FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION (ECF No. 8). Plaintiff filed a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983. The case was dismissed without prejudice pursuant to 28 U.S.C. § 1915(g), because plaintiff had at least three prior civil rights complaints that had been dismissed by federal courts for being frivolous, malicious, or for failing to state a claim upon which relief could be granted. Mr. Cary also subsequently had twelve cases dismissed under 28 U.S.C. §1915(g) based on these prior frivolity dismissals. Cary v. Teske, No. 2:24-CV-10411, 2024 WL 730285 (E.D. Mich. Feb. 22, 2024). Plaintiff has now filed a motion for a temporary restraining order or a preliminary injunction. Plaintiff has been barred from filing this action without prepayment of fees pursuant to 28 U.S.C. § 1915(g), accordingly, the Court will deny plaintiff's motion for injunctive relief for the same reason. See e.g. Alea v. Dennis, 83 Fed. App’x 115 (6th Cir. 2003).

IT IS HEREBY ORDERED that the motion for a temporary restraining order and/or preliminary injunction (ECF No. 8) is DENIED pursuant to 28 U.S.C. § 1915(g). s/ Nancy G. Edmunds HON. NANCY G. EDMUNDS Dated: 3/5/2024 UNITED STATES DISTRICT JUDGE