Miguel Martinez v. J. Rivello ( 2023 )


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  •                                                    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 22-2518
    __________
    MIGUEL MARTINEZ,
    Appellant
    v.
    J. RIVELLO, Superintendent SCI Huntingdon;
    K. KAUFFMAN, Superintendent of SCI Huntingdon;
    J. SPYKER, Deputy Superintendent Specialized Services;
    S. WALTER, Deputy Superintendent Specialized Services;
    G. RALSTON, Unit Manager of B and C Blocks;
    J. WETZEL, Secretary of the Department of Corrections
    of the Commonwealth of Pennsylvania;
    T. BICKELL, Executive Deputy for Institutional Operations
    for Department of Corrections
    ____________________________________
    On Appeal from the United States District Court
    for the Middle District of Pennsylvania
    (D.C. Civil Action No. 3:21-cv-01908)
    Magistrate Judge: Honorable Karoline Mehalchick
    ____________________________________
    Submitted Pursuant to Third Circuit LAR 34.1(a)
    March 3, 2023
    Before: JORDAN, GREENAWAY, JR., and NYGAARD, Circuit Judges
    (Opinion filed: May 11, 2023)
    __________
    OPINION*
    ___________
    PER CURIAM
    Miguel Martinez, proceeding pro se, appeals an order of the United States District
    Court for the Middle District of Pennsylvania denying his motion for a preliminary
    injunction. For the reasons that follow, we will affirm the judgment of the District Court.
    Martinez, an inmate at State Correctional Institution at Huntingdon, filed a
    complaint in November 2021 against numerous employees of the Pennsylvania
    Department of Corrections. Martinez sought injunctive, compensatory, declaratory, and
    punitive relief for violations of the Eighth Amendment and for negligence relating to
    alleged unsafe and unsanitary conditions at SCI-Huntingdon. Dkt. No. 1 at 11-13.
    In February 2022, Martinez filed a motion for a preliminary injunction, requesting
    that the District Court order defendants to replace SCI-Huntingdon’s manual cell lock
    system, lease an HVAC system to increase ventilation, remove all mold and asbestos, and
    replace all lead pipes at the facility. Dkt. No. 12 at 3-4. The District Court denied relief
    on August 3, 2022. Dkt. Nos. 30 & 31. Martinez filed this appeal.1
    *
    This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
    constitute binding precedent.
    1
    The parties consented to the jurisdiction of a United States Magistrate Judge under 
    28 U.S.C. § 636
    (c)(1). Dkt. No. 18. We have jurisdiction over this appeal pursuant to 
    28 U.S.C. § 1292
    (a)(1). “We review the denial of a preliminary injunction for an abuse of
    discretion, an error of law, or a clear mistake in the consideration of proof.” Kos
    2
    Martinez argues on appeal that the District Court erred by disregarding his
    allegations of dangerous and inhumane conditions at SCI-Huntingdon and by applying
    non-precedential case law. C.A. Dkt. No. 9 at 2-3. The District Court determined that
    Martinez’s requested relief exceeded the scope of a preliminary injunction, as his request
    to compel renovation of the facility would do more than preserve the status quo among
    the parties. Dkt. No. 30 at 5-6. The Court also concluded that Martinez failed to satisfy
    his burden in establishing any of the factors required by a preliminary injunction analysis.
    
    Id. at 6-8
    . We agree.
    In determining whether to grant a preliminary injunction, a court must consider
    whether the movant has shown: (1) a likelihood of success on the merits; (2) that the
    movant will suffer irreparable harm if the injunction is denied; (3) that granting
    preliminary relief will not result in even greater harm to the nonmoving party; and
    (4) that the preliminary relief is in the public interest. Kos Pharms., Inc., 369 F.3d at 708.
    “Preliminary injunctive relief is an extraordinary remedy and should be granted only in
    limited circumstances.” Id. (internal quotation marks omitted). Indeed, a court should
    not grant relief “unless the movant, by a clear showing, carries the burden of persuasion.”
    Holland v. Rosen, 
    895 F.3d 272
    , 285 (3d Cir. 2018).
    Pharms., Inc. v. Andrx Corp., 
    369 F.3d 700
    , 708 (3d Cir. 2004) (internal quotation marks
    omitted). Determinations that are prerequisites to the issuance of an injunction are
    reviewed according to the applicable standard for each particular determination. 
    Id.
    Accordingly, we exercise plenary review of the District Court’s conclusions of law but
    review its findings of fact for clear error. Doe ex rel. Doe v. Boyertown Area Sch. Dist.,
    
    897 F.3d 518
    , 526 (3d Cir. 2018).
    3
    The District Court considered each of these factors and concluded that Martinez
    failed to demonstrate that any of them weighed in favor of a preliminary injunction. Dkt.
    No. 30 at 6-9. We agree. Martinez offered no analysis of the above four elements that
    would have allowed the District Court to grant his requests. See Dkt. Nos 30 & 31.
    Also, as the District Court recognized, because Martinez’s motion for preliminary
    injunction demanded largely the same injunctive relief sought in his initial complaint, see
    Dkt. No. 1 at 13; Dkt. No. 31 at 3-4, granting Martinez’s requests at this stage in the
    proceedings would, in effect, fail to “preserve the relative positions of the parties” until
    the merits of the case are considered and would instead amount to a “final judgment on
    the merits,” Univ. of Tex. v. Camenisch, 
    451 U.S. 390
    , 395 (1981). We see no reason to
    disturb the District Court’s conclusion, and thus we will affirm the District Court’s order
    denying Martinez’s motion for a preliminary injunction.
    4