Nowacki v. Malloy et al

Filing 4

ORDER denying with prejudice in part and denying without prejudice in part 3 Motion for Temporary Restraining Order. Signed by Judge Stefan R. Underhill on 8/26/11. (Hungerford, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

NOWACKI
No. 3:11cv1242 (SRU)
v.
MALLOY et al.
RULING ON MOTION FOR TEMPORARY RESTRAINING ORDER
A federal district court has no authority to grant an injunction to stay proceedings in a
state court, except where necessary to aid its jurisdiction, or to protect or effectuate its
judgments. 28 U.S.C. § 2283. Therefore, the plaintiff’s motion is denied with respect to any
claim seeking an injunction against the state courts.
The plaintiff’s motion is denied without prejudice to the extent it seeks an injunction
against David Abbey and the New Canaan Police Department. The plaintiff may move for that
injunction after he has served the defendants and they have been given an opportunity to
respond.
It is so ordered.
Dated at Bridgeport, Connecticut, this 26th day of August 2011.

/s/ Stefan R. Underhill
Stefan R. Underhill
United States District Judge