Pace v. Jordan

Background

Michael Thomas Pace, who was proceeding without a lawyer, filed an emergency motion seeking a temporary restraining order, preliminary injunctive relief, and the appointment of conflict-free counsel. He filed a second emergency motion seeking the same relief. He also filed a motion requesting private judicial review and a remote hearing, along with an application to proceed without paying court fees.

Court’s analysis

The court explained that preliminary injunctive relief is an extraordinary remedy. To obtain it, Pace had to show that he was likely to suffer irreparable harm and either was likely to succeed on the merits or had sufficiently serious legal questions combined with a balance of hardships strongly favoring him.

The court found that Pace’s submissions did not demonstrate a likelihood of success on the merits or sufficiently serious legal questions with the required balance of hardships. The court also noted that a later letter referred to Pace’s property in New Milford, Connecticut, which suggested that the action might not have arisen within a county in the Southern District of New York. The opinion does not provide a ruling resolving venue on that point.

Rulings

The court granted Pace’s application to proceed without paying court fees. It denied his requests for a temporary restraining order, preliminary injunctive relief, and appointment of counsel. The court stated that the emergency motions were denied without prejudice. It directed the Clerk to terminate those motions and the motion seeking private review and a remote hearing.

The court granted Pace leave to file a complaint within 30 days of the order. Alternatively, Pace could move to withdraw the action. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal.