UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

JAMES MICHAEL BOWIE, III, Case No. 2:20-cv-00640-MC

Plaintiff, ORDER

v.

LINDA GRUENWALD; JOHN DOE, TRCI Nephrologist; JANE OR JOHN DOE, TRCI Medical Director; JANE OR JOHN DOE, TRCI Mental Health Prescriber, JANE OR JOHN DOE, Director of ODOC Health Svcs.; JOHN DOE, TRCI Superintendent; COLLETTE PETERS; OREGON DEPARTMENT OF CORRECTIONS,

Defendants. ______________________________________

MCSHANE, District Judge: Plaintiff, an inmate at Two Rivers Correctional Institution, files this action pursuant to

and alleges deliberate indifference to his serious medical needs in violation of the Eighth Amendment. Plaintiff contends that defendants have failed to provide and/or approve appropriate medical care for his kidney disease, and now his kidneys are at risk of failing. Plaintiff also moves for a temporary restraining order and/or preliminary injunction. Notably, plaintiff’s motion and supporting declaration do not specify the injunctive relief he seeks. Regardless, plaintiff’s allegations do not show that he is likely to succeed on the merits of his deliberate indifference claim or that he is likely to suffer irreparable harm in the absence of an injunction. See Winter v. Natural Res. Def. Council, Inc.,

(2008) (“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.”). Plaintiff asserts that defendants’ failure to provide adequate treatment has occurred since 2018, and he does not allege an imminent and irreparable threat to his health that would be remedied by an injunction. CONCLUSION Plaintiff’s Motion for Preliminary Injunction and Temporary Restraining Order (ECF No. 3) is DENIED. IT IS SO ORDERED. DATED this 19th day of May, 2020.

s/ Michael J. McShane Michael J. McShane United States District Judge