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