MYERS v. ANDZEL

ROBERT SWEET, District Judge

Plaintiff Michael Myers ("Plaintiff" or "Myers") has filed, on August 6, 2007, a "Motion for Injunctive Relief" (the "August 6 Motion," docket no. 37) and, on August 17, 2007, a "Motion to Force DOCS to Keep Plaintiff in a Max Security Prison and to Force Ann Andzel to Provide Access to the Sensory Disabled Room as Required by Law" (the "August 17 Motion," docket no. 38).

The August 6 Motion requests that the Court order Defendant Ann Andzel ("Defendant" or "Andzel") to provide Plaintiff with access to the "Sensory Disabled Room" or "Resource Room" at Wende Correctional Facility ("Wende"), where Plaintiff is currently incarcerated.

The August 17 Motion requests that the Court enjoin Andzel from transferring Plaintiff and order Andzel to provide Plaintiff was access to the "Sensory Disabled Room" at Wende.

In order to obtain a preliminary injunction, a party must demonstrate

(1) that he or she will suffer irreparable harm absent injunctive relief, and (2) either (a) that he or she is likely to succeed on the merits, or (b) that there are sufficiently serious questions going to the merits to make them a fair ground for litigation, and that the balance of hardships tips decidedly in favor of the moving party.

Moore v. Consol. Edison Co. of N.Y., Inc., 409 F.3d 506, 510 (2d Cir. 2005) (internal quotation marks and citation omitted).

Here, Plaintiff has failed to submit evidence or authorities demonstrating that he would suffer irreparable harm, establishing a likelihood of success on the merits, or showing any particular hardship necessitating immediate action by the Court.

Accordingly, Plaintiff's motions are both denied.

It is so ordered.