Cannon v. Smithart et al (INMATE 1)

Filing 3

ORDER denying 1 Motion for Temporary Restraining Order; further ORDERED that the above-styled action is REFERRED to Magistrate Judge pursuant to 28 USC 636 for further proceedings and determination or recommendation as may be appropriate. Signed by Chief Judge William Keith Watkins on 5/25/2018. (alm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BRYAN D. CANNON,
Plaintiff,
v.
L. BERNARD SMITHART
and RASHAWN F. HARRIS,
Defendants.

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) CASE NO. 2:18-CV-532-WKW
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[WO]
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ORDER

Proceeding pro se, Plaintiff Bryan D. Cannon has filed a “Civil Rights
Complaint” in which he moves this court to “[i]ssue a[] restraining order enjoining
the named defendants or their agents from retaliating physically under the color of
law or other[wise] for seeking lawful redress of the claims alleged herein.” (Doc.
# 1, at 18.) To the extent this request is for a temporary restraining order, the
request is due to be denied.
Federal Rule of Civil Procedure 65(b) governs requests for temporary
restraining orders. A temporary restraining order may be issued without notice
only if “specific facts in an affidavit or a verified complaint clearly show that
immediate and irreparable injury, loss, or damage will result to the movant before
the adverse party can be heard in opposition” and the movant “certifies in writing

any efforts made to give notice and the reasons why it should not be required.”
Fed. R. Civ. P. 65(b)(1)(A)–(B).
Mr. Cannon’s motion falls short of meeting the prerequisites for the
exceptional remedy of a temporary restraining order. He has neither submitted a
verified complaint or affidavit in support of his allegations nor has he submitted
the certification required by Rule 65(b)(1)(B).
Accordingly, to the extent that Mr. Cannon requests a temporary restraining
order, it is ORDERED that the request is DENIED.
It is further ORDERED that the above-styled action is REFERRED to
Magistrate Judge pursuant to 28 U.S.C. § 636 for further proceedings and
determination or recommendation as may be appropriate.
DONE this 25th day of May, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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