Dixon v. O'Connor, et al

Filing 38

ORDER signed by Senior Judge Lloyd D. George on 4/5/11 ORDERING the motion for preliminary injunction (#31) is DENIED; THE COURT FURTHER ORDERS that Dixons request for entry of default (#34) is DENIED; and THE COURT FURTHER ORDERS that Dixons motion to consolidate civil actions (#35) is DENIED.(Matson, R)

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 Plaintiff Daniel Steve Dixon has filed a motion for preliminary injunction (#31), a request for entry of default (#34), and a motion to consolidate civil actions (#35). The court must deny Dixon's motion for preliminary injunction because Defendants have not yet been served, and consequently have not appeared, and therefore a motion for preliminary injunction is not yet proper. See Fed. R. Civ. P. 65(a)(1). In any event, Dixon has failed to demonstrate the likelihood, not mere possibility, of irreparable injury in the absence of a preliminary injunction. See Stormans, Inc. v. Selecky, 586 F.3d 1109, 1127 (9th Cir. 2009) (citing Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 129 S. Ct. 365, 374 (2008)). The court notes, however, that Dixon may again move for preliminary injunction when procedurally appropriate, provided that he is either actually transferred or can demonstrate more than mere speculation of transfer to another facility. Additionally, Dixon's request for entry of default judgment is premature in light of this court's recent order regarding service of process upon Defendants. Finally, Dixon's motion to consolidate civil actions is denied for the reasons stated in Judge Newman's order (2:10-cv-1441-GEB-KJN, #25). Accordingly, v. J.S. O'CONNOR, et al., Defendants. DANIEL STEVE DIXON, Plaintiff, ORDER 2:08-CV-01546-LDG IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE COURT HEREBY ORDERS that Dixon's motion for preliminary injunction (#31) is DENIED. THE COURT FURTHER ORDERS that Dixon's request for entry of default (#34) is DENIED. THE COURT FURTHER ORDERS that Dixon's motion to consolidate civil actions (#35) is DENIED.

Dated this ____ day of April, 2011.

________________________ Lloyd D. George United States District Judge

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