Garrison v. Williams-Bennett et al

Filing 15

ORDER denying 6 Plaintiff's Motion for TRO. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MICHAEL GARRISON,
Plaintiff,
v.

Case No. 16-12823

KYRA WILLIAMS-BENNETT &
MICHAEL EGEN,
Defendants.
/
ORDER DENYING PLAINTIFF’S “MOTION FOR
A TEMPORARY RESTRAINING ORDER”
On August 1, 2016, Plaintiff Michael Garrison filed a pro se Complaint
challenging the constitutionality of various conditions imposed on his parole. Plaintiff
also sought in forma pauperis status and requested service by the United States
Marshal, both of which the court granted. About six weeks later, on September 13, 2016
Plaintiff filed a “Motion for a Temporary Restraining Order.” (Dkt. # 6.). The court has
reviewed the Motion and determined that the requirements for issuing a temporary
restraining order under Federal Rule of Civil Procedure 65(b) are not met in this case.
Specifically, Plaintiff’s Complaint fails to establish that “immediate and irreparable injury,
loss, or damage will result . . . before the adverse party or that party’s attorney can be
heard in opposition.” Fed. R. Civ. P. 65(b)(1)(A). Additionally, the court will grant
Plaintiff’s Motion for the Appointment of Counsel (Dkt. # 7) in a separate order and
anticipates that Plaintiff’s counsel may wish to amend the pleadings or to otherwise
clarify the issues presented to the court. Accordingly,

IT IS ORDERED that Plaintiff’s “Motion for a Temporary Restraining Order” (Dkt.
# 6) is DENIED.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: October 12, 2016

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, October 12, 2016, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\16-12823.GARRISON.Deny.TRO.wpd

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