Barbieri v. Freitas et al

Filing 19

ORDER TO SHOW CAUSE RE EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER re 4 MOTION for Temporary Restraining Order filed by Ronald James Barbieri (whalc2, COURT STAFF) (Filed on 1/4/2013) (Additional attachment(s) added on 1/4/2013: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 RONALD JAMES BARBIERI, 7 8 9 No. C 12-06311 WHA Plaintiff, v. 11 For the Northern District of California United States District Court 10 STEVEN FREITAS, SONOMA COUNTY SHERIFF’S DEPARTMENT, KATHRYN STRALEY, and DOES 1-15, ORDER TO SHOW CAUSE RE EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER Defendants. / 12 13 On December 21, 2012, pro se plaintiff Ronald James Barbieri filed an ex parte 14 application for a temporary restraining order to enjoin enforcement of a judgment entered against 15 him in a state court unlawful detainer action. On January 2, 2013, the action was reassigned to 16 Judge Claudia Wilken, who filed a judicial referral regarding related cases. By order dated 17 January 3, the action was reassigned to the undersigned judge as related to Case No. 18 12-cv-05252-WHA. Plaintiff’s TRO application seeks to enjoin defendants from enforcing the 19 judgment and evicting him from his home. This order notes that the “Notice to Vacate,” 20 appended as Exhibit A to the complaint, states that possession of the property must be turned 21 over by December 18, 2012, three days prior to the filing of the TRO application. It appears that 22 plaintiff has not turned over possession of the property or vacated. 23 Defendants have not filed a response to plaintiff’s TRO application. Defendants are 24 hereby ordered to show cause why the application for a TRO should not be granted. Defendants’ 25 response is due by JANUARY 9 AT NOON. 26 IT IS SO ORDERED. 27 28 Dated: January 4, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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