Free Order on Motion for Preliminary Injunction - District Court of Delaware - Delaware


File Size: 53.8 kB
Pages: 2
Date: September 7, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 350 Words, 2,074 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/ded/8297/22.pdf

Download Order on Motion for Preliminary Injunction - District Court of Delaware ( 53.8 kB)


Preview Order on Motion for Preliminary Injunction - District Court of Delaware
Case 1 :04-cv-00945-Gl\/IS Document 22 Filed O9/O1/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHARLES M. ROBINSON, )
Petitioner, j
v. j Civil Action No. 04-945-GMS
THOMAS CARROLL, j
Warden, )
Respondent. j
O R D E R
l. On August 16, 2004, Charles M. Robinson ("Robinson"), who is presently
incarcerated at the Delaware Correctional Center in Smyrna, Delaware, (“DCC"), filed a petition
for habeas corpus relief pursuant to 28 U.S.C. § 2254. (D.I. 2.)
2. On May 2, 2005, Robinson filed a letter motion with the court seeking preliminary
injunctive relief against DCC’s warden. (D.I. 16.) Robinson asks the court to enjoin the warden
from interfering with his access to legal services at DCC.
3. Robinson also filed the identical letter motion seeking preliminary injunctive relief in
one of his civil rights actions pending before the court: Robinson v. Taylor, et. al, Civ. A. No. 04-
1202-GMS, at D.I. 25. On June 28, 2005, after reviewing the parties submissions and the
applicable law, the court denied Robinson’s request for preliminary injunctive relief in Robinson
v. Taylor, et. al, Civ. A. No. 04-1202-GMS. The court concluded that the record did not contain
sufficient evidence to demonstrate that Robinson will suffer irreparable harm in the absence of an

Case 1:04-cv-00945-Gl\/IS Document 22 Filed O9/O1/2005 Page 2 of 2
injunction. Id. at D.I. 35.
5. Robinson has not provided any further evidence in the instant habeas proceeding to
demonstrate that he will suffer irreparable hann in the absence of an injunction.
Therefore, IT IS HEREBY ORDERED that:
For the same reasons contained in the court’s June 28, 2005 order in Robinson v. Taylor,
et. al., Civ. A. No. 04-1202, at D.I. 35, Robinson’s letter motion for preliminary injunctive relief
in the instant habeas proceeding is DENIED. (D.I. 12.)
It 3 _ Z " l f ..
Dated: I , 2005 · ‘ 13’?·, _;_u .
·. :;;-3 gk T N i -*·*·- J,

cr counr
El£E$E?é$l§‘é DELAWARE