DOUGHERTY v. COUNTY OF VERMILLION, INDIANA

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION DERRICK MATTHEW DOUGHERTY, ) ) Plaintiff, ) ) v. ) No. 2:22-cv-00579-JPH-MJD ) COUNTY OF VERMILLION, INDIANA, ) TIM YOCUM, Commissioner, ) MIKE PHELPS, Sheriff, ) ) Defendants. ) ORDER I. Granting in forma pauperis status Mr. Dougherty's motion to proceed in forma pauperis, dkt. [2], is GRANTED. See 28 U.S.C. § 1915(a). While in forma pauperis status allows Mr. Dougherty to proceed without prepaying the filing fee, he remains liable for the full fees. Rosas v. Roman Catholic Archdiocese of Chicago, 748 F. App'x 64, 65 (7th Cir. 2019) ("Under 28 U.S.C. § 1915(a), a district court may allow a litigant to proceed 'without prepayment of fees,' . . . but not without ever paying fees."). In this case, the filing fee is Three Hundred and Fifty Dollars. No payment is due at this time. II. Motion for Facebook block list removal Mr. Dougherty has asked the Court to order that he "and any other person blocked by Commissioner Yocum be unblocked immediately." Dkt. [3]. The Court construes this request as one for a preliminary injunction. "A preliminary injunction is an extraordinary equitable remedy that is available only when the movant shows clear need." Turnell v. Centimark Corp., 796 F.3d 656, 661 (7th Cir. 2015). A party seeking a preliminary injunction must show three threshold requirements: (1) "absent a preliminary injunction, it will suffer irreparable harm in the interim period prior to final resolution of its claims"; (2) "traditional legal remedies would be inadequate"; and (3) "its claim has some likelihood of succeeding on the merits." Valencia v. City of Springfield, Ill., 883 F.3d 959, 966 (7th Cir. 2018). If those threshold requirements are met, the Court proceeds to balance the harms and benefits of the injunction. Id. Based on the present record—essentially consisting of only a complaint— the Court cannot determine if these threshold elements have been met. Therefore, Mr. Dougherty's motion is DENIED without prejudice. Dkt. [3]. If he believes that a preliminary injunction is appropriate, he may renew this motion with more detail and evidentiary support. III. Directing Service of Process The clerk is directed under Federal Rule of Civil Procedure 4(c)(3) to issue process to Defendants in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. SO ORDERED. Date: 1/6/2023 Sjamu Patrick tawlor James Patrick Hanlon United States District Judge 2 Southern District of Indiana

Distribution:

DERRICK MATTHEW DOUGHERTY 250 W. Market St PO Box 189 Newport, IN 47966

COUNTY OF VERMILLION, INDIANA 255 S. Main St Newport, IN 47966

TIM YOCUM 255 S Main St Newport, IN 47966

MIKE PHELPS 1888 S State Road 63 Hillsdale, IN 47854