Mehmood v. Sarani

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 2/13/2018 DENYING 31 Motion for Restraining Order. (Hunt, G)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 YASIR MEHMOOD, 11 12 13 14 No. 2:17-cv-0970 KJM AC PS Plaintiff, v. ORDER TABASSUM SARANI, Defendant. 15 16 The court is in receipt of plaintiff’s temporary or permanent restraining order pursuant to 17 Fed. R. Civ. Proc. 65(c). ECF No. 31. As communicated in its previous order, the court cannot 18 consider such a request unless and until the defendant has been served with the complaint and 19 notified of the motion. See E.D. Cal. L. R. 231(a); Fed. R. Civ. Proc. 65(b); ECF No. 28. The 20 docket reflects that defendant is in the process of being served by the U.S. Marshal. Accordingly, 21 the motion for preliminary equitable relief will be vacated, without prejudice to renewal 22 following service of the amended complaint. 23 Accordingly, IT IS HEREBY ORDERED that the motion for a restraining order, ECF No. 24 31, is DENIED as premature. 25 IT IS SO ORDERED. 26 27 28 DATED: February 13, 2018

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