Pectol et al v. Pectol et al

Filing 10

ORDER by Judge Haywood S. Gilliam, Jr. ADOPTING MAGISTRATE JUDGE'S 5 REPORT AND RECOMMENDATION REGARDING 4 MOTION FOR TEMPORARY RESTRAINING ORDER AND DENYING PLAINTIFFS 9 RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 2/9/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL BRENT PECTOL, et al., Case No. 18-cv-00717-HSG Plaintiffs, 8 v. 9 10 BRENT ERNEST PECTOL, et al., Defendants. United States District Court Northern District of California 11 12 Re: Dkt. Nos. 5, 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION REGARDING MOTION FOR TEMPORARY RESTRAINING ORDER AND DENYING PLAINTIFF’S RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER The Court has reviewed Magistrate Judge Spero's Report and Recommendation regarding Plaintiffs’ motion for a temporary restraining order (“TRO Motion”), as well as objections to the report. See Dkt. Nos. 5, 9. The Court finds the Report correct, well-reasoned and thorough, and adopts it in every respect. Plaintiff Michael Pectol’s objection to the report suffers from the same deficits that Judge Spero identified in his Report and Recommendation denying the TRO Motion—namely, a failure to “identify any specific claims,” clearly identify the relief sought, or articulate against which of the many named parties Plaintiffs seek specific relief. See id. As with Plaintiffs’ initial TRO Motion, Plaintiff Pectol’s objection is based primarily on his assertion that several individuals are being “harbored. . . in violation of international laws, federal laws, and public policies set forth in Federal and International Standards.” Dkt. No. 9. The Court finds that Plaintiff’s objection, like the TRO Motion, fails to make a cognizable argument. // // // // 1 Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ motion for a temporary 2 restraining order is DENIED. To the extent that Plaintiff styles his objection to the Report and 3 Recommendation as a separate motion for a temporary restraining order, that request is likewise 4 DENIED. 5 6 IT IS SO ORDERED. Dated: 2/9/2018 7 ________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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