Pena v. Keningston et al

Filing 4

ORDER Denying 3 Plaintiff's Motion for Temporary Restraining Order. Signed by Judge James C. Mahan on 1/9/13. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 JESSE E. PENA, 10 Plaintiff, 11 vs. 12 2:12-cv-02196-JCM-VCF Case No. 2:12-cv-01296-JCM-VCF AARON KENSINGTON, et al., 13 ORDER Defendants. 14 15 Plaintiff has submitted a motion for a temporary restraining order (#3). A court may issue a 16 temporary restraining order when the moving party provides specific facts showing that immediate 17 and irreparable injury, loss, or damage will result before the adverse party’s opposition to a motion 18 for preliminary injunction can be heard. Fed. R. Civ. P. 65. Plaintiff alleges that he was extradited 19 from Texas to Nevada to face criminal charges, and that defendant Kensington transported him. 20 Plaintiff further alleges that defendant Kensington abused him on the journey. Plaintiff asks the 21 court to enjoin defendant Kensington from transporting him back to Texas after the conclusion of 22 the criminal proceedings, which will occur no earlier than February 28, 2013. Plaintiff has not 23 demonstrated that the risk of injury is so immediate that the court need take action before giving 24 defendant Kensington the opportunity to respond. 25 /// 26 /// 27 /// 28 /// 1 2 3 IT IS THEREFORE ORDERED that plaintiff’s motion for a temporary restraining order (#3) is DENIED. DATED: January 9, 2013. 4 5 _________________________________ JAMES C. MAHAN United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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