Free Order - District Court of Delaware - Delaware

Case 1:07-cv—00394-Gl\/IS Document 14 Filed 10/11/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JONI L. JOHNSON, )
Plaintiff, )
v. ) Civ. Action No. 07-394-GMS
JOSEPH BIDEN, JR., COl\/IMISSIONER )
CARL DANBERG, BUREAU CHIEF )
RICK KEARNY, WARDEN PATRICK )
RYAN, COLLEEN SHOTZBURGER, )
l\/IS. RUSSEL, and MR. O’CONNOR, )
Defendants. )
ORDER
The plaintiff, Joni L. Johnson ("Johnson"), an imnate housed at the Delores J. Baylor
Women’s Correctional Institution (“BWCI"), moves the court for a preliminary injunction
seeking access to the law library. (D.I. 1.) When considering a motion for a temporary
restraining order or preliminary injunction, plaintiff must demonstrate that she is (1) likely to
succeed on the merits; (2) denial will result in irreparable harm; (3) granting the injunction will
not result in irreparable harm to the defendants; and, (4) granting the injunction is in the public
interest. Maldonado v. Houstoun, 157 F.3d 179, 184 (3d Cir. 1997). "[A]n injtmction may not
be used simply to eliminate a possibility ofa remote future injury, or a future invasion of rights,"
Continental Group, Inc. v. Amoco Clients. Corp., 614 F.2d 351, 359 (3d Cir. 1980)(quoting
Holiday Inns ofAm., Inc. v. B & B Corp., 409 F.2d 614, 618 (3d Cir. 1969)). “The relevant
inquiry is whether the movant is in danger of suffering irreparable harm at the time the
preliminary injunction is to be issued." SI Handling Sys., Inc. v. Heisley, 753 F.2d 1244, 1264
(3d Cir. 1985).

Case 1:07-cv-00394-GIVIS Document 14 Filed 10/11/2007 Page 2 of 2
Johnson’s allegations relative to denial of access to her legal research, legal documents,
and access to the law library are a concem. Therefore, the clerk of the court is directed to send a
copy of Johnson’s motion and addendum (D.I. I, 2) and a copy of this order to the defendants
Joseph Biden, Jr., Commissioner Carl Danberg, Bureau Chief Rick Keamy, Warden Patrick
Ryan, Colleen Shotzburger, Ms. Russel, and Mr. O’Connor so that they may respond to the
request for injunctive relief on the access to court issues.
NOW THEREFORE, IT IS HEREBY ORDERED this Lélday of ,
2007, that;
l. The clerk of the court is directed to forward a copy of the plaintiffs motion for
injunctive relief addendum (D.I. I, 2) and this order to the defendants
2. On or before ( Q; l ?’ , 2007, the defendants shall file a
response to the issues of legal research, legal documents, a ccess to the law library.

L ITE STA S DI TRI JUDGE
F I L E D
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