Scott v. Bank of New York Mellon Trust Company et al

Filing 16

ORDER denying 11 Ex Parte Motion for TRO. This, of course, is without prejudice to whatever rights plaintiff may have to seek further judicial review of the state court judgment in the state court system. Signed by Judge Frederick J Martone on 3/18/11.(MAP)

Scott v. Bank of New York Mellon Trust Company et al

Doc. 16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) Bank of New York Mellon Trust Co. et al,) ) ) Defendant. ) ) Jack Scott,

No. CV 11-414-PHX-FJM ORDER

The court has before it plaintiff's Ex Parte Motion for Temporary Restraining Order 19 (doc. 11). Plaintiff asks that we, without notice to the defendants, restrain defendants from 20 enforcing their state court forcible detainer judgment. But there are no allegations that would 21 justify granting such relief without notice. See Rule 65(b)(1), Fed. R. Civ. P. Nor does it 22 appear that there is any probability of success on the merits of the request for a restraining 23 order. Judge Bolton denied a stay in Scott v. Bank of New York, CV 9-2056, and the United 24 States Court of Appeals for the Ninth Circuit denied a stay on February 25, 2011. This 25 action appears to be an effort to relitigate matters already decided. 26 Therefore, it is ORDERED DENYING plaintiff's Ex Parte Motion for Temporary 27 Restraining Order. (Doc. 11). This, of course, is without prejudice to whatever rights 28

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

plaintiff may have to seek further judicial review of the state court judgment in the state court system. DATED this 18th day of March, 2011.

-2-