Doe v. The Department of Correction et al

Filing 7

ORDER by Judge Jeremy Fogel To Show Cause Re 1 Motion for TRO (jflc3, COURT STAFF) (Filed on 9/19/2007)

Download PDF
Doe v. The Department of Correction et al Doc. 7 Case 5:07-mc-80227-JF Document 7 Filed 09/19/2007 Page 1 of 2 1 2 **E-filed 09/19/07** 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOHN DOE, Plaintiff, v. THE DEPARTMENT OF CORRECTION, et al., Defendants. Case Number C-07-04756 JF ORDER1 TO SHOW CAUSE [re: docket no.1] Plaintiff John Doe seeks to restrain Defendants from enforcing Cal. Penal Code 3003.5(b) and (c), as amended by the Sexual Predator Punishment and Control Act ("SPPCA"), also known as "Jessica's Law." These provisions prohibit any person required to register as a sex offender, pursuant to Cal. Penal Code 290, from living within 2,000 feet of a school or park where children regularly gather. Plaintiff is a person subject to these provisions. Having reviewed Plaintiff's pleadings, the Court concludes that Plaintiff has not made a sufficient factual showing to warrant entry of a temporary restraining order at this juncture. However, because the Court must construe the pleadings of pro se litigants liberally, it appears that Plaintiff may be This disposition is not designated for publication and may not be cited. C a s e No. C-07-04756 JF O R D E R TO SHOW CAUSE ( JF L C 3 ) Dockets.Justia.com Case 5:07-mc-80227-JF Document 7 Filed 09/19/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attempting to allege that the SSPCA is being given impermissible retroactive effect as to him. See Doe v. Schwarzenegger, 476 F.Supp.2d 1178, 1180-81 (E.D.Cal. 2007). Accordingly, within fourteen (14) court days, Defendants shall show cause as to why the relief prayed for should not be granted. The matter will then be taken under submission without further briefing or argument unless otherwise ordered. IT IS SO ORDERED. DATED: September 19, 2007 _____________________________ JEREMY FOGEL United States District Judge 2 C ase No. C-07-04756 JF O R D E R TO SHOW CAUSE ( JF L C 3 )

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?