John Oliver Francois v. G Matte et al.

Summary

This Report and Recommendation addresses pro se pretrial detainee John Oliver Francois’s request for a preliminary and permanent injunction concerning the digital scanning of privileged legal mail. The magistrate judge recommends denying preliminary injunctive relief because the defendants had not been given notice and an opportunity to be heard, and because the request was included in the complaint’s prayer for relief rather than filed as a separate document as required by Local Rule 65.1.

Holdings

1. A preliminary injunction should not issue while the adverse parties have not received notice and a fair opportunity to present their version of the facts.
2. The request for a preliminary injunction did not comply with Local Rule 65.1 because it was included only in the complaint's prayer for relief rather than made in a separate document.

Questions Presented

1. Whether preliminary injunctive relief could issue before the defendants had been given notice and an opportunity to be heard.
2. Whether the request for a preliminary injunction complied with Local Rule 65.1 when it was included only in the complaint's prayer for relief rather than filed as a separate document.

Disposition

writ_denied