Grinols et al v. Electoral College et al

Filing 8

ORDER signed by Judge Kimberly J. Mueller on 12/14/12 DENYING Plaintiffs' 2 Request. If the parties wish to proceed with their request for a temporary restraining order, they are hereby ordered to file the documents listed in this order by 12/21/12. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES GRINOLS, et al.,
Plaintiffs,

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Civ. No. 12-2997 MCE DAD

vs.
ELECTORAL COLLEGE, et al.,
Defendants.

ORDER
/

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On December 14, 2012, plaintiffs filed a document entitled “Declaration and

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Injunctive Relief. Petition for Extraordinary Emergency Writ of Mandmus/Stay of Certification

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of Votes for Presidential Candidate Obama due to elections fraud and his use of

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invalid/forged/fraudulently obtained IDs.” This filing has been assigned to the undersigned as

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the current duty judge for purposes of addressing the instant motion only. (ECF 2.) A temporary

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restraining order may be issued upon a showing “that immediate and irreparable injury, loss, or

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damage will result to the movant before the adverse party can be heard in opposition.” FED. R.

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CIV. P. 65(b)(1)(A). The purpose of such an order is to preserve the status quo and to prevent

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irreparable harm “just so long as is necessary to hold a hearing, and no longer.” Granny Goose

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Foods, Inc. v. Brotherhood of Teamsters, 415 U.S. 423, 439 (1974).

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Plaintiffs have not filed the documents required by Local Rule 231(c).

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Specifically, plaintiffs have not filed a complete motion; an affidavit in support of the existence

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of an irreparable injury; an affidavit detailing the notice to the affected parties or counsel or

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showing good cause why notice should not be given; a proposed temporary restraining order

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with a provision for a bond; a proposed order with blanks for fixing the time and date for hearing

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the motion, the date for filing responsive papers, the amount of the bond, if any, the date and

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hour of issuance, and notification to the affected party of the right to apply to the court for

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modification or dissolution on two days’ notice or such shorter notice as the court may allow.

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Plaintiffs have in the alternative not alleged the impossibility of filing the above-listed

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documents.

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For these reasons, plaintiffs’ request is DENIED. If plaintiffs wish to proceed

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with their request for a temporary restraining order, they are hereby ordered to file the above-

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listed documents by December 21, 2012.

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IT IS SO ORDERED.
DATED: December 14, 2012.

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UNITED STATES DISTRICT JUDGE

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