Mayo et al v. Krogstel et al

Filing 6

ORDER denying 2 Motion for TRO . Signed by Judge Marcia S. Krieger on 6/28/06. (erv, )

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Mayo et al v. Krogstel et al Doc. 6 Case 1:06-cv-01236-MSK Document 6 Filed 06/28/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 06-cv-01236-MSK-BNB ADAM MAYO, on behalf of himself and all others similarly situated; and WILLIAM RANDELL, III, on behalf of himself and all others similarly situated, Plaintiffs, v. UNITED STATES FOREST OFFICER FNU KROGSTEL, in his official capacity; UNITED STATES FOREST OFFICER FNU LAMPE, in his official capacity; UNITED STATES FOREST OFFICER FNU BARTON, in his official capacity; UNITED STATES FOREST OFFICER FNU FREUND, shield # 1662, in his official capacity; JOHN AND JANE DOE, UNKNOWN MEMBERS OF THE UNITED STATES FOREST SERVICE, in their official capacities; JOHN AND JANE DOE, UNKNOWN MEMBERS OF THE UNITED STATES MARSHAL SERVICE, in their official capacities; and UNITED STATES MAGISTRATE JUDGE DAVID WEST, in his official capacity, Defendants. ______________________________________________________________________________ ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER ______________________________________________________________________________ THIS MATTER comes before the Court pursuant to the Plaintiffs'Motion for Temporary Restraining Order (# 2). Fed. R. Civ. P. 65(b)(1) provides that a temporary restraining order may be granted " nly o if it clearly appears from specific facts shown by affidavit or by the verified complaint"that relief is appropriate. The motion here is not supported by an affidavit, and the Complaint (# 1) is not verified. Moreover, Fed. R. Civ. P. 65(b)(2) requires that the applicant' attorney certify to the s Court the efforts, if any, that have been made to give notice to the opposing party or that party' s attorney, and the reasons why such notice should not be required. No such certification is made here. Dockets.Justia.com Case 1:06-cv-01236-MSK Document 6 Filed 06/28/2006 Page 2 of 2 Accordingly, the Motion for Temporary Restraining Order (# 2) is DENIED. Dated this 28th day of June, 2006 BY THE COURT: Marcia S. Krieger United States District Judge

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