A pro se prisoner filed a lawsuit seeking preliminary injunctive relief to enjoin the defendants from exposing him to secondhand smoke while he is incarcerated. The U.S. District Court denied the plaintiff’s motion, ruling that Ward “has not submitted any medical documentation which suggest in any way that his condition will become significantly worse without the relief requested..” According to the Court, Ward “has provided no medical records, or other corroborating evidence, to support his lay opinion that his exposure is significant enough to cause Plaintiff irreparable harm.” Since he “has not established proof of Defendants’ deliberate indifference, sufficient to make success on the merits likely,” the motion for injunctive relief is denied. Ward’s Motion to Vacate, filed pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, an order granting the Defendants leave to take Plaintiff’s deposition, was denied at 2007 U.S. Dist. LEXIS 66775.
2007 U.S. Dist. LEXIS 38031 (U.S.D.C. No. D. N.Y.)