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Christensen v. Baithwaite

United States District Court, D. Utah

January 8, 2018

ANTHONY JEFFREY CHRISTENSEN, Plaintiff,
v.
ROBERT BAITHWAITE et al., Defendants.

          MEMORANDUM DECISION & ORDER

          Clark Waddoups United States District Judge

         Plaintiff, Anthony Jeffrey Christensen, a Sanpete County Jail inmate, has submitted a pro se civil rights complaint.[1] The filing fee is $350.[2] However, Plaintiff asserted he was unable to prepay it and applied to proceed without prepaying it.[3] The Court granted his application and ordered Plaintiff to submit his inmate account statement so the Court could calculate an initial partial filing fee. Plaintiff also moves for service of process and preliminary injunctive relief.

         First, having received the inmate account statement, the Court addresses the matter of the initial partial filing fee. Plaintiff must eventually pay the full $350.00 fee required.[4] A plaintiff must typically start by paying "an initial partial filing fee of 20 percent of the greater of . . . the average monthly deposits to [his inmate] account . . . or . . . the average monthly balance in [his inmate] account for the 6-month period immediately preceding the filing of the complaint.”[5]However, Plaintiff's inmate account records show he has no money; the Court thus waives his initial partial filing fee.

         Plaintiff must still complete the attached "Consent to Collection of Fees" form and submit the original to the inmate funds accounting office and a copy to the Court within thirty days so the Court may eventually collect the entire filing fee Plaintiff owes. Plaintiff is notified that pursuant to Plaintiff's consent form submitted to this Court, Plaintiff's correctional institution will make monthly payments from Plaintiff's inmate account of twenty percent of the preceding month's income credited to Plaintiff's account.

         SERVICE OF PROCESS

         The Court denies for now Plaintiff's motion for service of process. The Court will determine whether to dismiss the complaint or order it to be served upon Defendant(s).[10]Plaintiff need do nothing further to trigger this process.

         INJUNCTIVE RELIEF

         The Court evaluates Plaintiff's motion for preliminary injunctive relief. Having thoroughly reviewed Plaintiff's motion, together with all materials on the docket, the Court denies Plaintiff's motion. First, Plaintiff appears to be trying to expedite the relief he seeks in his complaint. This type of injunction is disfavored by the law.[11]

         Further, Plaintiff has not specified adequate facts showing each of the four elements necessary to obtain a preliminary injunctive order:

\"(1) a substantial likelihood of prevailing on the merits; (2) irreparable harm in the absence of the injunction; (3) proof that the threatened harm outweighs any damage the injunction may cause to the party opposing it; and (4) that the injunction, if issued, will not be adverse to the public interest."[12]

         Preliminary injunctive relief is an extraordinary and drastic remedy to be granted only when the right to relief is "clear and unequivocal."[13] The Court has carefully reviewed all documents in this case addressing the need for injunctive relief and concludes Plaintiff's claims do not rise to such an elevated level that an emergency injunction is warranted. In sum, Plaintiff has not met the heightened pleading standard required in moving for an emergency injunction. Thus, preliminary injunctive relief is denied.

         ORDER

         IT IS ORDERED that:

         (1) Plaintiff may proceed without paying an initial ...


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