Williams et al v. Canning et al

Filing 5

ORDER signed by Judge Garland E. Burrell, Jr on 4/2/2013 DENYING 2 Motion for Preliminary Injunction and Motion for TRO. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SANDRA WILLIAMS, and KAREN
BURTON, (aka, K.M. BURTON,
Notary Public) individually, and
in her official capacity as a
CALIFORNIA COMMISSION NOTARY
PUBLIC,

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Plaintiffs,

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v.

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JOSEPH M. CANNING, INDIVIDUALLY,
AND IN HIS OFFICIAL CAPACITY AS
AN OFFICER OF THE COURT; SOL
HOMES, A DOMESTIC LLC; DARE
DELOREFICE INDIVIDUALLY;
TREASURY BANK, ET AL.,
REPRESENTED BY ROBERT J. JACKSON
& ASSOCIATES, INC.; ROBERT J.
JACKSON & ASSOCIATES, INC.,
INDIVIDUALLY AND IN THEIR
OFFICIAL CAPACITY AS AN OFFICER
OF THE COURT, ANY SUCCESSORS IN
INTEREST; AND DOES 1 THROUGH
1000,

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Defendants.
________________________________

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2:13-cv-00631-GEB-DAD
ORDER DENYING EX PARTE MOTION
FOR A TEMPORARY RESTRAINING
ORDER AND PRELIMINARY
INJUNCTION*

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On April 1, 2013, Plaintiffs, proceeding in propria persona,

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filed an unnoticed ex parte motion for a temporary restraining order and

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a preliminary injunction. Since a preliminary injunction may be issued

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“only on notice to the adverse party,” Fed. R. Civ. P. 56(a)(1), the

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*

This matter is deemed suitable for decision without oral
argument. E.D. Cal. R. 230(g).
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portion of Plaintiffs’ motion seeking a preliminary injunction is

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denied.

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Further, Plaintiffs’ conclusory statements in their request do

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not demonstrate that they have a probability of succeeding on the merits

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of their claims, or that they risk suffering irreparable harm if an

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injunction does not issue. A & M Records, Inc. v. Napster, Inc., 239

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F.3d 1004, 1013 (9th Cir. 2001) (discussing injunction standard).

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Therefore, Plaintiffs’ motion for a temporary restraining order (ECF No.

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2) is denied.

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Dated:

April 2, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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