United States District Court, D. Utah
MEMORANDUM DECISION & ORDER
Waddoups United States District Judge
Anthony Jeffrey Christensen, a Sanpete County Jail inmate,
has submitted a pro se civil rights
complaint. The filing fee is $350. However,
Plaintiff asserted he was unable to prepay it and applied to
proceed without prepaying it. 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
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. 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.”However, Plaintiff's
inmate account records show he has no money; the Court thus
waives his initial partial filing fee.
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
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).Plaintiff need do nothing further to
trigger this process.
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.
Plaintiff has not specified adequate facts showing each of
the four elements necessary to obtain a preliminary
\"(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."
injunctive relief is an extraordinary and drastic remedy to
be granted only when the right to relief is "clear and
unequivocal." 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.
Plaintiff may proceed without paying an initial ...