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Gray v. Perkins

United States District Court, D. New Hampshire

July 15, 2015

Jeffrey M. Gray
v.
John Perkins et al.

REPORT AND RECOMMENDATION

ANDREA K. JOHNSTONE, Magistrate Judge.

Jeffrey M. Gray, an inmate at the New Hampshire State Prison ("NHSP"), has filed numerous motions (doc. nos. 12, 13, 16, 19, 28-31, 34, 41, 45, and 46) seeking preliminary injunctive relief. All but one of the defendants have objected. See Doc. Nos. 48 and 55 (Objections).[1] The requests for injunctive relief have been referred to this magistrate judge for a report and recommendation. See Jan. 28, 2015, Order; June 8, 2015, Order; July 10, 2015, Order.

Discussion

I. Preliminary Injunction Standard

"A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Demonstration of both a likelihood of success on the merits and irreparable harm in the absence of an injunction is required to obtain preliminary injunctive relief. See Voice of the Arab World, Inc. v. MDTV Med. News Now, Inc., 645 F.3d 26, 32 (1st Cir. 2011) ("[p]erhaps the single most important prerequisite for the issuance of a preliminary injunction is a demonstration that if it is not granted the applicant is likely to suffer irreparable harm before a decision on the merits can be rendered.'" (citation omitted)); Esso Standard Oil Co. v. Monroig-Zayas, 445 F.3d 13, 18 (1st Cir. 2006) ("if the moving party cannot demonstrate that he is likely to succeed in his quest, '" preliminary injunctive relief is properly denied without further analysis (citation omitted)). The burden of proof on all four preliminary injunction factors is on the movant. See Esso Std. Oil Co., 445 F.3d at 18.

II. Injunction Requested and Objections

In his requests for preliminary injunctive relief, Gray asks the court to issue an order:

• Enjoining defendants from denying Gray access to legal resources and materials adequate to allow him to litigate his pending matters in this court and the state courts;
• Enjoining defendants from denying Gray access to the Bible, religious books, and religious pamphlets removed from his cell on October 9, 2014;
• Directing defendants to return Gray's legal book and other nonreligious written material removed from his cell on October 9, 2014;
• Enjoining defendants from retaliating against Gray in the future by transferring him to another facility, or to less favorable NHSP housing;
• Enjoining defendants from interfering with, inspecting, obtaining, or disclosing Gray's confidential and privileged mail and/or telephonic communication, including legal mail, mail from the Department of Veterans Affairs, and Gray's communications with his defense experts or investigators; and
• Enjoining defendants from denying Gray photocopies of the written logs documenting his incoming ...

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