Nunez v. Home Mortgage Direct Lenders et al

Filing 4

ORDER. IT IS ORDERED that P's 1 -1 motion for temporary restraining order is DENIED. Signed by Judge Larry R. Hicks on 2/21/2012. (Copies have been distributed pursuant to the NEF - PM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** ) ) ) ) ) ) ) ) ) ) ) ) 9 DIONICIA NUNEZ 10 Plaintiff, 11 v. 12 HOME MORTGAGE DIRECT LENDERS; et al., 13 Defendants. 14 15 16 3:12-cv-0073-LRH-VPC ORDER Before the court is plaintiff Dionicia Nunez’s (“Nunez”) motion for a temporary restraining order. Doc. #1, Exhibit 1.1 17 The court has reviewed the documents and pleadings on file in this matter and finds that 18 Nunez’s motion for a temporary restraining order is moot. This action was removed to this court on 19 February 7, 2012. See Doc. #1. However, the underlying motion seeks to stop a trustee’s sale that 20 was scheduled to take place on January 4, 2012. A temporary restraining order only offers prospective relief. See FED . R. CIV . P. 65(b)(2). 21 22 Therefore, there is no prospective sale for this court to enjoin. Accordingly, the court shall deny 23 Nunez’s motion for a temporary restraining order. 24 /// 25 26 1 Refers to the court’s docket entry number. 1 2 IT IS THEREFORE ORDERED that plaintiff’s motion for a temporary restraining order (Doc. #1, Exhibit 1) is DENIED. 3 IT IS SO ORDERED. 4 DATED this 21st day of February, 2012. 5 6 7 __________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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