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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RONALD JAMES BARBIERI,

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No. C 12-06311 WHA

Plaintiff,
v.

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For the Northern District of California

United States District Court

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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.
/

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On December 21, 2012, pro se plaintiff Ronald James Barbieri filed an ex parte

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application for a temporary restraining order to enjoin enforcement of a judgment entered against

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him in a state court unlawful detainer action. On January 2, 2013, the action was reassigned to

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Judge Claudia Wilken, who filed a judicial referral regarding related cases. By order dated

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January 3, the action was reassigned to the undersigned judge as related to Case No.

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12-cv-05252-WHA. Plaintiff’s TRO application seeks to enjoin defendants from enforcing the

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judgment and evicting him from his home. This order notes that the “Notice to Vacate,”

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appended as Exhibit A to the complaint, states that possession of the property must be turned

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over by December 18, 2012, three days prior to the filing of the TRO application. It appears that

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plaintiff has not turned over possession of the property or vacated.

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Defendants have not filed a response to plaintiff’s TRO application. Defendants are

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hereby ordered to show cause why the application for a TRO should not be granted. Defendants’

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response is due by JANUARY 9 AT NOON.

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IT IS SO ORDERED.

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Dated: January 4, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE