Miller v. Griffith et al

Filing 50

ORDER Denying 14 Motion for Preliminary Injunction; and Denying 22 Motion for Preliminary Injunction. Signed by Judge James C. Mahan on 4/11/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JEAN MILLER,

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2:10-CV-1994 JCM (PAL)

Plaintiff,
v.
ALLAN R. GRIFFITH, et al.,

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Defendants.

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ORDER
Presently before the court are plaintiff’s motions for preliminary injunction. (Docs. #14, #22).
The defendants have not responded.

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On February 24, 2011, (doc. #16) and again on March 7, 2011, (doc. #23) this court denied

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plaintiff’s motions for temporary restraining order (docs. #12, #21). In considering whether to grant

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those motions, the court applied the same standard used now to determine whether to grant a

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preliminary injunction: (1) a likelihood of success on the merits; (2) possibility of irreparable injury

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if preliminary relief is not granted; (3) balance of equities; and (4) advancement of the public

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interest. Winter v. N.R.D.C., 129 S. Ct. 365, 374–76 (2008).

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Plaintiff has presented to the court no new facts or law upon which the court may reconsider

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its determination that plaintiff has not met this burden. See School Dist. No. 1J v. ACandS, Inc., 5

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F.3d 1255, 1263 (9th Cir. 1993) (“Reconsideration is appropriate if the district court (1) is presented

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with newly discovered evidence, (2) committed clear error or the initial decision was manifestly

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unjust, or (3) if there is an intervening change in controlling law.”); FED . R. CIV . P. 59(e); FED . R.

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James C. Mahan
U.S. District Judge

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CIV . P. 60(b). Thus, applying the rationale from the previous orders (docs. #16, #23), the court

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declines to issue a preliminary injunction in this case.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motions for

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preliminary injunction (docs. #14, #22) are hereby DENIED.
DATED April 11, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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