ALVES, et al v. FERGUSON, et al, No. 2:2001cv00789 - Document 309 (D.N.J. 2018)
Court Description: LETTER OPINION. Signed by Judge Susan D. Wigenton on 08/01/2018. (ek)
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ALVES, et al v. FERGUSON, et al Doc. 309 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF MARTIN LUTHER KING COURTHOUSE 50 WALNUT ST. NEWARK, NJ 07101 973-645-5903 SUSAN D. WIGENTON UNITED STATES DISTRICT JUDGE August 1, 2018 Mr. Joseph Aruanno, #363 Special Treatment Unit P.O. Box 905 Avenel, NJ 07001 Plaintiff Gurbir S. Grewal, Esq. Michael Vomacka, Esq. Victoria Ply, Esq. Office of the New Jersey Attorney General 25 Market Street P.O. Box 112 Trenton, NJ 08625 Attorneys for Defendants LETTER OPINION FILED WITH THE CLERK OF THE COURT Re: Alves, et al. v. Ferguson, et al. Civil Action No. 01-789 (SDW)(MCA) Litigants: Before this Court are Plaintiff Joseph Aruanno’s Motion for Temporary Restraining Order and/or Preliminary Injunction and Motion for Appointment of a Special Master. This Court having considered the parties’ submissions and having reached its decision without oral argument pursuant to Federal Rule of Civil Procedure 78, and for the reasons discussed below, denies Plaintiff’s motions. DISCUSSION On August 16, 2017, Plaintiff filed motions for Restraining Order and/or Preliminary Injunction and for Appointment of a Special Master. (Dkt. No. 290.) On February 20, 2018, this Court denied Plaintiff’s motions, noting that Plaintiff had failed to demonstrate a likelihood of success on the merits of his claim or irreparable harm if the relief he sought was denied. (Dkt. No. Dockets.Justia.com 301, 302.) This Court further held that Plaintiff had not identified any “exceptional condition” requiring the appointment of a special master in this case. Plaintiff’s current motions are identical to those he filed on August 16, 2017. (Compare Dkt. No. 290 to 307.) 1 Therefore, for the reasons set forth in this Court’s February 20, 2018 Letter Opinion and Order, Plaintiff’s motions will be denied. CONCLUSION For the reasons set forth above, Plaintiff’s Motion for Temporary Restraining Order and/or Preliminary Injunction is DENIED. Plaintiff’s Motion for Appointment of a Special Master is also DENIED. Plaintiff is ordered to cease filing motions in Civil Action Number 01-789 and Civil Action Number 04-3066, both of which are closed cases. An appropriate Order will follow. ___/s/ Susan D. Wigenton_____ SUSAN D. WIGENTON, U.S.D.J. Orig: Clerk cc: Parties Steven C. Mannion, U.S.M.J. 1 The only discernable difference in the motions involve slight changes to what appears to be a cover letter to the Court. (Compare Dkt No. 290-4 to 307-4.) 2
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