Abdulah Farooq v. Warden Parker, et al.

Summary

The United States District Court for the District of Delaware recommends denying pro se Plaintiff Abdulah Farooq’s emergency motion for a temporary restraining order, preliminary injunction, and declaratory judgment. The court concludes that the plaintiff failed to satisfy the procedural requirements for ex parte injunctive relief, did not show immediate and irreparable harm, and had not established a justiciable controversy supporting declaratory relief. The document also includes a proposed order adopting the Report and Recommendation and denying the motion.

Holdings

1. A temporary restraining order was not appropriate because the requested relief would change the status quo by requiring a change to the name on a prison identification document, rather than temporarily preserving existing conditions.
2. Plaintiff was not entitled to a preliminary injunction because he failed to allege specific facts clearly showing that immediate and irreparable injury would occur.
3. Plaintiff was not entitled to declaratory relief because he did not plead an actual, justiciable controversy and relied only on speculation about what might happen if his Islamic name was not recognized.

Questions Presented

1. Whether plaintiff was entitled to an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b)(1).
2. Whether plaintiff was entitled to a preliminary injunction under Federal Rule of Civil Procedure 65(a)(1).
3. Whether plaintiff's allegations established a justiciable controversy supporting declaratory relief.

Disposition

other