Warren v. Reid et al

Filing 40

ORDER by Judge ARMSTRONG denying 37 Motion for Preliminary Injunction; denying 37 Motion for TRO; denying 38 Motion for Preliminary Injunction; denying 38 Motion for TRO (lrc, COURT STAFF) (Filed on 11/9/2010)

1 2 3 4 5 STEVEN M. WARREN, 6 7

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case No: C 10-3416 SBA ORDER DENYING PLAINTIFF'S EX PARTE MOTION

Plaintiff, vs. FOR HEALTH, JETT STANSBURY, LAMIRAULT,

8 FELICIA REID, ALAMEDA ALLIANCE 9 MARIE BARRETT, and INGRID 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendants.

On November 8, 2010, the Court granted Defendants' motion to dismiss and terminated this action. Dkt. 35, 36. The parties are now before the Court on Plaintiff's pro se "Ex Parte Motion/Application for Injunction/Restraining Orders." In his motion, Plaintiff requests, among other things, that the Court terminate the restraining orders previously entered against him by the Alameda County Superior Court. Setting aside the fact that Plaintiff's motion is in violation of the applicable rules of procedure and therefore is not properly before the Court, the motion is moot in light of the Court's decision granting Defendants' motion to dismiss. Moreover, as explained in the Court's order dismissing the action, the Court lacks jurisdiction to directly or indirectly overrule the state court rulings at issue. See Dkt. 35 at 12-13. Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's Ex Parte Motion/Application for Injunction/Restraining Orders is DENIED. IT IS SO ORDERED. Dated: November 8, 2010 _____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WARREN et al, Plaintiff, v. REID et al, Defendant. / Case Number: CV10-03416 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on November 9, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Steven M. Warren P.O. Box 57080 Hayward, CA 94545 Dated: November 9, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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