Estes v. Gaston et al

Filing 6

ORDER Denying 5 Motion for Temporary Restraining Order. Signed by Judge James C. Mahan on 11/5/12. (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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MICHAEL W. ESTES,

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2:12-CV-1853 JCM (VCF)

Plaintiff(s),
v.
ROBERT GASTON, et al.,

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Defendant(s).

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ORDER

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Presently before the court is plaintiff Michael W. Estes’ second motion for a temporary

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restraining order. (Doc. # 5). Plaintiff’s renewed motion offers more clarity on his actual claims,

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but the motion for a temporary restraining order will still be denied.

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Plaintiff alleges that he is going to be unconstitutionally arrested and sent to jail because of

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a child support obligation. (See doc. # 5). Plaintiff attached the “Master’s Recommendation” from

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the state family court proceedings1 (see doc. # 5), and the court finds this document illuminating.

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However, as a preliminary matter, it is important to recognize that plaintiff does not dispute

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that he elected not to attend hearings related to his child support obligations. In his motion, plaintiff

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admits the following:

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...

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...

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James C. Mahan
U.S. District Judge

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court.

The court judicially notices the “master’s recommendation” from Clark County district

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“[T]he operation of the[ ] ‘Pay/Stay’ Hearings requires either the payment of the specified

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amount, or a showing of good cause as to why payment was not made. [Plaintiff] did not attend the

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‘Pay/Stay’ hearing because he simply did not have the money.”

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(Doc. # 5 at page 2 ¶4). Plaintiff chose to skip his required child support hearings and instead file

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a complaint alleging various constitutional violations in this court.

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According to Federal Rule of Civil Procedure 65, a court may issue a temporary restraining

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order when the moving party provides specific facts showing that immediate and irreparable injury,

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loss, or damage will result before the adverse party’s opposition to a motion for preliminary

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injunction can be heard. Fed. R. Civ. P.65. “The purpose of a temporary restraining order is to

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preserve the status quo before a preliminary injunction hearing may be held; its provisional remedial

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nature is designed merely to prevent irreparable loss of rights prior to judgment.” Miller v. Rufion,

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No. 08-1233, 2009 WL 348176, at *1 (E.D. Cal. Feb. 11, 2009) (citing Sierra On-Line, Inc. v.

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Phoenix Software, Inc., 739 F.2d 1415, 1422 (9th Cir. 1984). “Thus, in seeking a temporary

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restraining order, the movant must demonstrate that the denial of relief will expose him to some

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significant risk of irreparable injury.” Id. (quoting Associated Gen. Contractors of California v.

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Coalition of Economic Equity, 950 F.2d 1401, 1410 (9th Cir. 1991).2

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Plaintiff does not have the requisite likelihood of success on the merits of his claims. It

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appears that plaintiff was obligated to pay $125 monthly in child support payments. (See doc. # 5,

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Master’s Recommendation). Plaintiff is so far in arrears that it appears his grand total of arrears,

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interest, and penalties totals $99,852.59.

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In Nevada, a person may be punished and imprisoned for failure to pay minor child support,

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in certain situations, pursuant to NRS § 201.020. The statute envisions punishing the very behavior

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and actions of this plaintiff. Additionally, the master found plaintiff in contempt of court for failing

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James C. Mahan
U.S. District Judge

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The Supreme Court has stated that courts must consider the following factors in determining
whether to issue a temporary restraining order and preliminary injunction: (1) a likelihood of success
on the merits; (2) likelihood of irreparable injury if preliminary relief is not granted; (3) balance of
hardships; and (4) advancement of the public interest. Winter v. N.R.D.C., 129 S. Ct. 365, 374–76
(2008).
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to show for his child support proceedings and issued the arrest warrant for being in contempt of

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court, which it had full authority to do.

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Finally, this court finds it appropriate to abstain and not enjoin the state court proceeding

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pursuant to Juidice v. Vail, 430 U.S. 327 334-36 (1977) (holding that Younger abstention can apply

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when the pending state proceedings were civil in nature) (“The contempt power lies at the core of

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the administration of a State’s judicial system.”). Here, plaintiff admitted he had the opportunity to

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attend his state proceedings, and it appears he could have presented any federal claims in that state

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proceeding. Plaintiff chose not to attend and does not allege that the state court proceeding would

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not have provided him the opportunity to raise any defenses or claims, including federal defenses

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or claims.

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The choice not to attend does not entitle plaintiff to then come to this court and obtain a

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temporary restraining order against state proceedings and the state bench warrant. The court further

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finds that intervention into the state court proceeding is not warranted because the state proceeding

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and bench warrant are not motivated by “a desire to harass or [ ] conducted in bad faith. . . .”

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Huffman v. Pursue Ltd., 420 U.S. 592, 611 (1975).

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Accordingly,

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IT HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for a

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temporary restraining order (doc. # 5) be, and the same hereby is, DENIED.
DATED November 5, 2012.

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

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