Henderson v. Listenberger et al

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's ex parte motion for TRO [ECF No. 7 ] is DENIED without prejudice. Signed by Magistrate Judge Noelle C. Collins on May 8, 2015. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LARRY L. HENDERSON,
Plaintiff,
v.
PAUL LISTENBERGER, et al.,
Defendants.

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No. 4:15CV480 NCC

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff=s ex parte motion for a temporary restraining
order ("TRO") [ECF No. 7]. For the reasons stated below, the motion will be denied.
Plaintiff submitted a motion for TRO to the Court without adequately giving notice to the
adverse parties. Under Fed. R. Civ. P. 65(b)(1):
The court may issue a temporary restraining order without written or oral notice to
the adverse party or its attorney only if:
(A) specific facts in an affidavit or a verified complaint clearly show that
immediate and irreparable injury, loss, or damage will result to the movant before
the adverse party can be heard in opposition, and
(B) the movant=s attorney certifies in writing any efforts made to give the notice and
the reasons why it should not be required.
In the instant case, it does not clearly appear from specific facts shown either by affidavit or
by a verified complaint that immediate and irreparable injury, loss, or damage will result to
plaintiff before the adverse parties or their attorneys can be heard in opposition. Moreover,
plaintiff has not certified in writing the reasons why notice should not be required. As a result, the
motion will be denied.
Accordingly,

IT IS HEREBY ORDERED that plaintiff=s ex parte motion for TRO [ECF No. 7] is
DENIED without prejudice.
Dated this 8th day of May, 2015.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE

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