Menefield v. Tilton

Filing 19

ORDER denying 16 Motion for Preliminary Injunction signed by District Judge Charles R. Breyer on 2/12/2009. (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JAMES F. MENEFIELD, Plaintiff, v. JAMES E. TILTON, Defendant. /

No. C 08-00751 CRB (PR) ORDER

On February 11, 2009, the Court granted Plaintiff James F. Menefield's motion to file a Second Amended Complaint. As indicated in its previous Order, the Court will proceed with screening of the case pursuant to 28 U.S.C. § 1915A upon receipt of Plaintiff's new pleading. Plaintiff has also submitted a Motion for Preliminary Injunction, which is hereby DENIED without prejudice for failure to satisfy the notice requirements of Federal Rule of Civil Procedure 65. Prior to granting a preliminary injunction, notice to the adverse party is required. Fed. R. Civ. P. 65(a)(1). A motion for preliminary injunction therefore cannot be decided until the parties to the action are served, and they have not yet been served here. See Zepeda v. INS, 753 F.2d 719, 727 (9th Cir. 1983).

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

If after reviewing the Second Amended Complaint the Court determines service is warranted, then Plaintiff may renew his motion for injunctive relief.

IT IS SO ORDERED.

Dated: February 12, 2009

CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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