DeLoach v. New York City
Thomas B. Deloach v. New York City, acting through the Department of Finance aka (DOF)
- Louis Stanton
- 1:25-cv-07137
- U.S. District Court · Southern District of New York
- 2
In Thomas B. Deloach v. New York City, Judge Swain denied emergency injunctive relief and granted electronic filing.
Thomas B. Deloach's request for emergency injunctive relief was denied, while his request for electronic case filing was granted; the order also denied fee-free appeal status.
What happened
Thomas B. Deloach, representing himself, asked the court for a temporary restraining order and preliminary injunction against New York City, acting through its Department of Finance. He also asked to participate in electronic case filing.
The court said emergency relief required showing likely irreparable harm and either a likely win or serious, fairly litigable questions with the balance of hardships strongly favoring him. The court found that his submissions did not meet the required showing.
Judge Laura Taylor Swain denied the request for an order to show cause, which sought the emergency relief, and granted the request to participate in electronic filing. She also denied fee-free appeal status after certifying that an appeal would not be taken in good faith.
The detailed version
- DeLoach v. New York City · No. 1:25-cv-07137
- Louis Stanton
- Sept. 29, 2025
Background
Thomas B. Deloach, proceeding without a lawyer, filed a motion seeking a temporary restraining order and preliminary injunctive relief against New York City, acting through the Department of Finance. He also filed a request to participate in electronic case filing.
Standard for Emergency Relief
The court explained that a temporary restraining order or preliminary injunction is an extraordinary remedy. The person requesting it must show likely irreparable harm and either a likelihood of success on the merits or sufficiently serious legal questions, together with a balance of hardships that strongly favors that person.
Rulings
The court found that Deloach's submissions did not show a likelihood of success on the merits or sufficiently serious questions combined with a strongly favorable balance of hardships. The court therefore denied his request for an order to show cause, identified as ECF 5, and said it would issue an explanatory order later.
The court granted Deloach's request to participate in electronic case filing, identified as ECF 7. The clerk was directed to terminate both motions.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. As a result, fee-free appeal status was denied for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.