IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

BRIAN WILLIAM YORK, 

Case No. 6:16-cv-00320-MO 

Plaintiff, 

v. 

TAMELLA CARPENTER and MARITZA 

V. ENCINITAS, 

Defendants. 

MOSMAN, District Judge. 

ORDER 

This civil rights action comes before the court on 

plaintiff's Motion for Temporary Restraining Order and 

Preliminary Injunction (#21) . Plaintiff asks the court to order 

defendants to immediately refrain from: (1) requiring him to 

make any verbal or written statements against his will; 

(2) requiring him to answer a sexual history questionnaire; 

(3) requiring him to wear a GPS ankle monitor; and 

(4) committing any retaliatory acts against him in the future. 

1 - ORDER 

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The standards for a temporary restraining order ("TRO") and 

a preliminary injunction are essentially identical. Stuhlbarg 

Intern. Sales Co., Inc. v. John D. Brushy and Co., Inc., 240 

F.3d 832, 839 n. 7 (9th Cir. 2001). "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." Winter v. Natural Resources Defense Council, 

Inc., 555 U.S. 7, 20 (2008). A plaintiff may also qualify for a 

preliminary injunction by showing that there are serious 

questions going to the merits of his claim and that the balance 

of hardships tips sharply in his favor, so long as the other 

Winter factors are also met. Alliance for the Wild Rockies v. 

Cottrell, 632 F.3d 1127. 1134-35 (9th Cir. 2011). A request for 

a mandatory injunction seeking relief well beyond the status quo 

is disfavored and shall not be granted unless the facts and law 

clearly favor the moving party. Stanley v. Univ. of S. Cal., 13 

F.3d 1313, 1319-20 (9th Cir. 1994). 

In this case, plaintiff challenges the conditions 

associated with his post-prison supervision. He principally 

asks the court to preclude defendants from enforcing these 

2 - ORDER 

Case 6:16-cv-00320-MO Document 31 Filed 07/07/16 Page 2 of 4
conditions. Plaintiff's requests for preliminary injunctive 

relief improperly seek to change the relative position of the 

parties, not preserve it, insofar as plaintiff seeks relief from 

the conditions of his release. This is not an appropriate 

application of preliminary injunctive relief. See Stanley, 

supra; see also Marlyn Nutraceuticals, Inc. v. Mucas Pharma Gmbh 

& Co., 571 F.3d 873, 879 (9th Cir. 2009) (mandatory injunctions 

which go beyond the status quo are particularly disfavored). In 

addition, plaintiff has not demonstrated that defendants are 

enforcing terms of post-prison supervision that are not 

consistent with the orders of the applicable state court(s) or 

that the terms of his supervision are not commensurate with 

plaintiff's criminal history as a sex offender. 

Plaintiff also asks the court to issue an order enjoining 

any potential retaliatory conduct by defendants. Such adverse 

action is too speculative to support preliminary injunctive 

relief. Caribbean Marine Servs. Co. v. Baldridge, 844 F.2d 668, 

674 (9th Cir. 1988) ("Speculative injury does not constitute 

irreparable injury sufficient to warrant granting a preliminary 

injunction."). 

Plaintiff fails to demonstrate the likelihood of any 

irreparable injury in this case. He also fails to establish a 

3 - ORDER 

Case 6:16-cv-00320-MO Document 31 Filed 07/07/16 Page 3 of 4
likelihood of success on the merits. As a result, preliminary 

injunctive relief is not appropriate. 

CONCLUSION 

Plaintiff's Motion for Temporary Restraining Order and 

Preliminary Injunction (#21) is denied. Plaintiff's Motion for 

Appointment of Counsel ( #22) is denied for the reasons 

previously identified in the court's Order (#12) dated April 5, 

2016. 

IT IS 

DATED 

SO ORDERED. 

this t~day 

4 - ORDER 

of July, 2016. 

United States District Judge 

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