Sessing v. Beard, et al.

Filing 146

ORDER DENYING 144 Motion for TRO, signed by Chief Judge Lawrence J. O'Neill on 04/17/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHAN SESSING,

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Plaintiff,

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Case No. 1:13-cv-01684-LJO-MJS (PC)
ORDER DENYING MOTION FOR
TEMPORARY RESTRAINING ORDER

v.
(ECF NO. 144)

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JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 42 U.S.C. § 1983. On January 9, 2017, the
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undersigned dismissed the action on mootness grounds, and the case was closed. (ECF
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No. 116.) On December 28, 2017, the Ninth Circuit affirmed. (ECF No. 143.)
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Before the Court is Plaintiff’s January 8, 2018 motion for a temporary restraining

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order. (ECF No. 144.) As stated, the action is closed. The Court cannot grant Plaintiff his
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requested relief. Winter v. Natural Res. Def. Council, 555 U.S. 7, 22 (2008) (a plaintiff
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seeking a preliminary injunction must establish that he is likely to succeed on the merits).
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Accordingly, his motion is HEREBY DENIED.
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IT IS SO ORDERED.
Dated:

April 17, 2018

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE