Edwards v. Mitchem et al (INMATE1)

Filing 6

ORDER treating the 2 Motion for TRO and Injunction solely as a motion for temporary restraining order; directing that (1) the 2 Motion for TRO and Injunction is DENIED; (2) referring this case to the Mag Judge for further proceedings. Signed by Judge William Keith Watkins on 3/14/06. (Attachments: # 1 civil appeals checklist; # 2 PLRA Notice) (djy, )

Edwards v. Mitchem et al (INMATE1)

Doc. 6

Case 2:06-cv-00177-WKW-WC

Document 6

Filed 03/14/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROBERT REX EDWARDS, Plaintiff, v. BILLY MITCHEM, et al., Defendants. ) ) ) ) ) ) ) ) )

CASE NO. 2:06-CV-177-WKW (WO)

ORDER This case is before the Court on the plaintiff's Motion for Temporary Restraining Order and Injunction (Doc. # 2), filed March 6, 2006, which the Court construes solely as a motion for temporary restraining order. Federal Rule of Civil Procedure 65 (b) states that a temporary restraining order may be granted only if "it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party . . . can be heard in opposition." Upon consideration of the plaintiff's motion, the Court finds that the plaintiff has not met the Rule 65 requirements necessary for imposition of a temporary restraining order. Accordingly, it is hereby ORDERED that 1. The plaintiff's Motion for Temporary Restraining Order and Injunction (Doc. # 2) is DENIED. 2. This case is referred to the Magistrate Judge for further proceedings. DONE this the 14th day of March, 2006.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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