Bieros v. Nicola, 1994 WL 371584 (E.D. Pa. 1994). · Go Syfert
Bieros v. Nicola, 1994 WL 371584 (E.D. Pa. 1994). Cases Citing This Book View Copy Cite
79 citation events (79 in the last 25 years) across 7 distinct courts.
Strongest positive: Earnest Scott, Jr. v. Pennsylvania Department of Corrections, et al. (pawd, 2026-01-07)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Earnest Scott, Jr. v. Pennsylvania Department of Corrections, et al.
W.D. Pa. · 2026 · quote attribution · 1 verbatim quote · confidence high
the standards for a temporary restraining order are the same as those for a preliminary injunction.
discussed Cited as authority (verbatim quote) Antwan L. Richardson v. C.O. Pushey, et al.
W.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
the standards for a temporary restraining order are the same as those for a preliminary injunction.
discussed Cited as authority (verbatim quote) Michael Nelson v. Lisa Niessner
W.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
the standards for a temporary restraining order are the same as those for a preliminary injunction.
discussed Cited as authority (verbatim quote) Rollins v. Edrehi
M.D. Penn. · 2025 · quote attribution · 1 verbatim quote · confidence high
the standards for a temporary restraining order are the same as those for a preliminary injunction.
discussed Cited as authority (verbatim quote) ZEIGLER v. BARTHA
W.D. Pa. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the standards for a temporary restraining order are the same as those for a preliminary injunction.
discussed Cited as authority (verbatim quote) CRAWFORD v. COUNTY OF CHESTER
E.D. Pa. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the standards for a temporary restraining 2 although docketed on may 6, 2024, the motion is dated april 9, 2024. see pl. inj. mot. at 1. 6 order are the same as those for a preliminary injunction.
discussed Cited as authority (verbatim quote) Moore v. Tangipahoa Parish School Board
E.D. La. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the standards for a temporary restraining order are the same as those for a preliminary injunction.
cited Cited as authority (rule) Tymere Parker v. Commonwealth of Pennsylvania
E.D. Pa. · 2026 · confidence medium
P. 65 (standards for emergency relief in temporary restraining orders and preliminary injunctions); Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Raj Karee Edge v. Commonwealth of Pennsylvania
E.D. Pa. · 2026 · confidence medium
P. 65 (standards for emergency relief in temporary restraining orders and preliminary injunctions); Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
discussed Cited as authority (rule) Michael J. Jones and Tamera A. Jones v. Pioneer Bank, Adriann Ragsdale, Dee Ann Nunez, and Dovenmuehle Mortgage, Inc.
D.N.M. · 2026 · confidence medium
A. Legal Standard “The substantive requirements for a preliminary injunction and temporary restraining order are identical.” See Valley Cmty. Preservation Comm’n v. Mineta, 246 F.Supp.2d 1163 , 1165–66 (D.N.M. 2002) (citing Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
discussed Cited as authority (rule) Tahirou Samassa v. Craig Lowe, et al.
M.D. Penn. · 2025 · confidence medium
Nearly every court who has had occasion to address it have rejected the Respondents contention that all aliens present without parole in the United States must be detained because they are “applicants for admission” who are actively “seeking admission” under Section 1225(b)(2).22 If more were needed, every court within the Third Circuit that has considered the issue has rejected this contention.23 While the Court will not opine on the ultimate success of Samassa’s habeas petition, the overwhelming 19 Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Hannah Williams v. Bucks County Children & Youth Services, et al.
E.D. Pa. · 2025 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
discussed Cited as authority (rule) Paige Martineau, et al. v. American Bar Association, et al. (2×)
M.D. Penn. · 2025 · confidence medium
MOTION FOR A TEMPORARY RESTRAINING ORDER A party seeking a temporary restraining order must establish four factors: “(1) a likelihood of success on the merits, (2) the probability of irreparable harm if the relief is not granted, (3) that granting injunctive relief will not result in even greater harm to the other party, and (4) that granting relief will be in the public interest.”6 Courts use a balancing test to determine whether injunctive relief is warranted.7 The movant bears the burden of establishing all four elements.8 It is not necessary to delve into each element of this test to s…
cited Cited as authority (rule) MCCARY v. CENTURION, LLC
E.D. Pa. · 2025 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) MCCARY v. TERRA
E.D. Pa. · 2025 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) RIVERA v. HOLLAND
E.D. Pa. · 2025 · confidence medium
Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) JOHNSON v. CITY OF PHILADELPHIA DEPARTMENT OF HUMAN SERVICES
E.D. Pa. · 2025 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) MITCHELL v. ROBINSON
E.D. Pa. · 2025 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) GREAT LAKES DREDGE & DOCK COMPANY, LLC v. PHILLY SHIPYARD, INC.
E.D. Pa. · 2024 · confidence medium
Pa. 2015) (citing Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Wright v. Elite Revenue Solutions, LLC
M.D. Penn. · 2024 · confidence medium
Pa. 2003); , 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Island Saints LLC v. Cardow, Inc.
D.V.I. · 2024 · confidence medium
Jan. 26, 2006) (quoting SeeKos Pharms., Inc. v. Andrx Corp. , 857 F. Supp. 445, 446 (E.D.Pa. 1994)).
cited Cited as authority (rule) FERRETTI v. EMRICK
E.D. Pa. · 2024 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) TAYLOR v. CO 1 DUNSTON
E.D. Pa. · 2024 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
discussed Cited as authority (rule) PRIKIS v. MAXATAWNY TOWNSHIP
E.D. Pa. · 2024 · confidence medium
“In defining irreparable harm, it is not enough to establish a risk of irreparable harm, rather, there must be a clear showing of immediate irreparable injury” and “it 6 must be so peculiar in nature that money cannot compensate for the harm.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
discussed Cited as authority (rule) Bitler v. ROBESON TOWNSHIP
E.D. Pa. · 2024 · confidence medium
LEGAL STANDARD Preliminary Injunctions in First Amendment Cases – Review of Applicable Law Plaintiffs seeking a preliminary injunction ordinarily “must show: (1) a likelihood of success on the merits; (2) that it will suffer irreparable harm if the injunction is denied; (3) that granting preliminary relief will not result in even greater harm to the nonmoving party; and (4) that the public interest favors such relief.” Kos Pharms., Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004); Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
discussed Cited as authority (rule) The Hilb Group of Maryland, LLC v. Smith
M.D. Penn. · 2024 · confidence medium
TSC, Doc. 54. 30 Frank’s GMC Truck Center, Inc. v. General Motors Corp., 847 F.2d 100, 102 (3d Cir. 1988) (citing Morton v. Beyer, 822 F.2d 364, 376 (3d Cir. 1987)). 31 Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Wheeler v. Nye
M.D. Penn. · 2024 · confidence medium
Bieros v. Nicola, 857 F.Supp. 445, 446 (E.D.Pa. 1994).
cited Cited as authority (rule) Coit v. Salamon
M.D. Penn. · 2024 · confidence medium
Pa. Oct. 13, 2015) (citing Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) RATLIFF v. DETECTIVE MICHAEL GETTLER
E.D. Pa. · 2023 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
discussed Cited as authority (rule) RYECO, LLC v. HURST PRODUCE & FLORAL CORP.
E.D. Pa. · 2023 · confidence medium
Temporary Restraining Order – Review of Applicable Law A party seeking a Temporary Restraining Order must show: (1) a likelihood of success on the merits; (2) that it will suffer irreparable harm if the injunction is denied; (3) that granting preliminary relief will not result in even greater harm to the nonmoving party; and (4) that the public interest favors such relief.” Kos Pharms., Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004); Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Snype v. Jamison
M.D. Penn. · 2023 · confidence medium
Bieros v. Nicola, 857 F.Supp. 445, 446 (E.D.Pa. 1994).
cited Cited as authority (rule) Flagstar Bank, FSB v. Walcott, Jr.
D.V.I. · 2023 · confidence medium
Mar. 24, 2016) (quoting Bieros v. Nicola, 857 F. Supp. 445, 445 (E.D.
discussed Cited as authority (rule) CARROLL INDEPENDENT FUEL, LLC v. JAJ ENTERPRISE, LLC (2×)
E.D. Pa. · 2023 · confidence medium
Additionally, a hearing may not be required if “the adverse party has waived its right to a hearing.” Prof’l Plan Exam’rs, Inc. v. Lefante, 750 F.2d 282 , 288 (3d Cir. 1984). 7 “The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) GOK v. THE UNITED STATES OF AMERICA
E.D. Pa. · 2023 · confidence medium
Pa. Dec. 7, 2010) (citing Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) GROOMS v. PENNYMAC LOAN SERVICES, LLC
E.D. Pa. · 2023 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) L3C ALDEN PARK APARTMENTS LLC v. GARNER
E.D. Pa. · 2022 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) GARNER v. L3C ALDEN PARK APARTMENTS LLC
E.D. Pa. · 2022 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Cooper v. Miller
M.D. Penn. · 2022 · confidence medium
Pa. Oct. 13, 2015) (citing Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
discussed Cited as authority (rule) ROBSON FORENSIC, INC. v. SHINSKY (2×)
E.D. Pa. · 2022 · confidence medium
Pa. 2012) (citing Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Bone v. Ebbert
M.D. Penn. · 2022 · confidence medium
Bieros v. Nicola, 857 F.Supp. 445, 446 (E.D.
discussed Cited as authority (rule) MIGLIORI v. LEHIGH COUNTY BOARD OF ELECTIONS
E.D. Pa. · 2022 · confidence medium
“A party seeking a preliminary injunction must show: (1) a likelihood of success on the merits; (2) that it will suffer irreparable harm if the injunction is denied; (3) that granting preliminary relief will not result in even greater harm to the nonmoving party; and (4) that the public interest favors such relief.” Kos Pharms., Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004); Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Mehl v. Smith
M.D. Penn. · 2022 · confidence medium
Pa. Oct. 13, 2015) (citing Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) ROBINSON v. CORRECTION OFFICIERS (1-4)
E.D. Pa. · 2022 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) KEELS v. BLANCHE
E.D. Pa. · 2021 · confidence medium
“The standards for a temporary restraining order are the same as those for a preliminary injunction.” Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) BRADLEY v. EASYACC.COM, INC.
E.D. Pa. · 2021 · confidence medium
Pa. 2012) (citing Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) John Doe 1 v. Delaware Valley School District
M.D. Penn. · 2021 · confidence medium
Pa. 2012) (citing Bieros v. Nicola, 857 F.Supp. 445, 446 (E.D.
discussed Cited as authority (rule) HERSH v. CHESTER COUNTY CLERK OF COURTS
E.D. Pa. · 2021 · confidence medium
Heck v. Humphrey Bars Hersh’s Claim In Heck v. Humphrey, the Supreme Court held that: to recover damages [or other relief] for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive 31 Bieros v. Nicola, 857 F. Supp. 445, 446 (E.D.
cited Cited as authority (rule) Briggs v. Brockman
M.D. Penn. · 2021 · confidence medium
Bieros v. Nicola, 857 F.Supp. 445, 446 (E.D.
cited Cited as authority (rule) Rhines v. Ball
M.D. Penn. · 2021 · confidence medium
Bieros v. Nicola, 857 F.Supp. 445, 446 (E.D.
cited Cited as authority (rule) Barney v. Wetzel
M.D. Penn. · 2021 · confidence medium
Bieros v. Nicola, 857 F.Supp. 445, 446 (E.D.
Retrieving the full opinion text from the archive…
Roger BIEROS, Plaintiff,
v.
Police Chief NICOLA, Detective Cane, Officer Boland, Officer Martynuik, Officer Pizza, Officer Vuotto, Glenn Gerber, Esq., Dan Glammer, Esq., John Armstrong, Esq., Jeanette Dickerson, Esq., Michael F. Hamel, Nancy S. Samodelov, One Unknown Bridgeport Police Officer, Defendants
93-4485.
District Court, E.D. Pennsylvania.
Jul 13, 1994.
1994 WL 371584
Roger Bieros, pro se., Jonathan F. Altman, Altman & Associates, Philadelphia, PA, for defendants.
Joyner.
Cited by 67 opinions  |  Published

[*446] MEMORANDUM AND ORDER

JOYNER, District Judge.

Plaintiff, a pro se prisoner incarcerated at the state correctional institution in Grater-ford, Pennsylvania, has brought a motion for a temporary restraining order under Rule 65(b) of the Federal Rules of Civil Procedure, in order to prohibit retaliatory action by defendants. For the reasons that follow, this motion will be denied.

In order to succeed under Rule 65(b), it must clearly appear from “specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant.” Fed.R.Civ.P. 65(b) (1994). The standards for a temporary restraining order are the same as those for a preliminary injunction. Friedberg v. Burns, No. CIV. A. 93-6626, 1993 WL 533361, at 3 (E.D.Pa. Dec. 16, 1993). Thus, plaintiff must demonstrate: 1) a likelihood of success on the merits, 2) the probability of irreparable harm if the relief is not granted, 3) that granting injunctive relief will not result in even greater harm to the other party and 4) that granting relief will be in the public interest. Frank’s GMC Truck Center, Inc. v. G.M.C., 847 F.2d 100,102 (3rd Cir.1988); Ecri v. McGraw-Hill, Inc., 809 F.2d 223, 226 (3rd Cir.1987). In defining irreparable harm, it is not enough to establish a risk of irreparable harm, rather, there must be a clear showing of immediate irreparable injury. Ecri, 809 F.2d at 226 (citations omitted). Nor is it enough for the harm to be serious or substantial, rather, it must be so peculiar in nature that money cannot compensate for the harm. Id. (citations omitted).

In this case, plaintiff alleges in his motion the following:

2. Defendants and their agents have absolute authority and control over and through said institution [Graterford], and possess the administrative power to circumvent any and all efforts in pursuing these matters. 3. Agents of the defendants have threaten [sic] to confiscate all materials relevant to this action and all legal materials in possession of plaintiff/petitioner. 4. On or about September 8, 1993, agents of defendants informed that he was to be transferred and he could not take the voluminous amount of legal material owned by him and subsequently would be denied access to the court by their actions....

Plaintiff now seeks relief pursuant to 42 U.S.C. § 1997d, which prohibits retaliation against institutionalized persons.

It is clear from the above portions of plaintiffs motion that he has not sufficiently proven that he is entitled to this extraordinary relief. First, plaintiff alleges that he was told in September 1993 that he was going to be transferred and that his legal materials would be confiscated. Even if that were true, plaintiff is only now seeking a temporary restraining order, some 10 months later. That hardly satisfies the immediacy requirement. Second, plaintiff has not adequately alleged specific facts in his motion (which does not include an affidavit), nor is there any indication of immediate, irreparable harm apparent from the face of his complaint. It is not specified who made the threats in this case, when they were made, if plaintiff is actually going to be transferred, and if any steps have been made toward carrying out the threats.

Third, it is not altogether clear that plaintiff has even brought this motion against the proper parties. Plaintiff filed this motion and included two case numbers on the motion, [1] although these two actions have not been consolidated. In Bieros v. Nicola, No. 93-4485, plaintiff has brought suit alleging violations of his civil rights by various police officers, attorneys in the Montgomery County Public Defender’s Office and probation officers for Montgomery County, in connection with his arrest and subsequent assault conviction for which he is now incarcerated. However, none of those defendants are actually agents of Graterford Prison. Further, Bieros v. Vaughn, No. 93-6112, a case where plaintiff was seeking habeas corpus relief, has been closed since February 1994. There[*447] is no indication from the motion how any of the above defendants in the two actions have any authority or control over the correctional institution at Graterford.

As a final note, even if this Court was to grant plaintiff the requested relief, it would be impossible to administer because plaintiff is seeking a restraining order against alleged future retaliation. Thus, he is asking this Court to prevent persons from doing something that is entirely speculative in nature, based upon “threats” made by unspecified persons over ten months ago. This requested relief is certainly not within the realm of Rule 65(b), and therefore plaintiffs motion is denied.

ORDER

AND NOW, this 18th day of July, 1994, upon consideration of plaintiffs motion for a preliminary injunction pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, and defendants’ response thereto, it is hereby ORDERED that plaintiffs motion is DENIED.

1

. Plaintiff also included the case number of Bie-ros v. Vaughn, No. 93-6112 on his motion, another case which was previously before this writer.