WATFORD v. LAMMER

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

KENNETH WATFORD, ) ) Petitioner, ) ) v. ) No. 2:20-cv-00032-JPH-MJD ) B. LAMMER, ) ) Respondent. )

Order Denying Motion for Injunction and Directing Further Proceedings

The petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in January 2020. Dkt. 1. The Court thereafter ordered the respondent to answer the allegations of the habeas petition. Dkt. 3. After receiving several extensions of time, the respondent filed a motion to dismiss the petitioner's habeas petition on November 5, 2020. Dkt. 29. The petitioner has now filed a "motion for injunction" requesting an injunction because the respondent "failed to answer and to show cause." Dkt. 30. Although the petitioner asserts that the respondent failed to answer his habeas petition, the respondent answered the allegations in the habeas petition by filing a motion to dismiss. Additionally, the petitioner's request for injunctive relief does not survive the "threshold phase" applied to requests for preliminary injunctive relief because he has not presented any evidence to satisfy the three requirements for such relief. See Valencia v. City of Springfield, Ill., 883 F.3d 959, 966 (7th Cir. 2018) (outlining three requisite showings a party must satisfy to receive injunctive relief). For these reasons, the petitioner's motion for injunction, dkt. [30], is denied. The petitioner shall have through December 21, 2020, to respond to the motion to dismiss filed by the respondent. The clerk is directed to include a copy of the motion to dismiss, dkt. [29], with the petitioner's copy of this Order. SO ORDERED. Date: 11/20/2020 Sjamu Patrick anor James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: KENNETH WATFORD 56252-037 TERRE HAUTE - FCI TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808 Brian L. Reitz UNITED STATES ATTORNEY'S OFFICE (Indianapolis) brian.reitz @usdoj.gov