Lukens v. Skipper

Filing 12

ORDER: Denying Plaintiff's Motion for a Preliminary Injunction 7 ) without prejudice to Plaintiff's right to renew the motion curing the deficiency noted in this order. Signed on 6/26/09 by Judge Anna J. Brown. (ljl)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON TROY LUKENS, Petitioner, v. ROBERT SKIPPER, Respondent. BROWN, Judge. Petitioner brings this habeas corpus action pursuant to 28 U.S.C. § 2254 pro se. Currently before the Court is Petitioner's Civil No. 09-510-BR ORDER

Motion for Preliminary Injunction (#7) (titled as "MemorandumPreliminary Injunction"). Petitioner Respondent from seeks a preliminary a no injunction order prohibiting by the

enforcing

contact

issued

Multnomah County Department of Community Corrections and its supervising officers. 1 - ORDER Petitioner's motion does not contain a

certificate of service indicating Petitioner provided a copy of the motion to Respondent. Petitioner notes that, at the time the

motion was filed, service of the underlying Petition for Writ of Habeas Corpus had not been completed. Since then, however,

Respondent filed a Acceptance and Acknowledgment of Service (#10). Pursuant to Fed. R. Civ. 65(a), "[n]o preliminary injunction shall be issued without notice to the adverse party." Fed. R. Civ. P. 65(b) prohibits the entry of a Similarly, temporary

restraining order without notice to the adverse party absent a showing of "the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required." Accordingly, Preliminary IT IS ORDERED (#7) is that Plaintiff's without Motion for to

Injunction

DENIED,

prejudice

Plaintiff's right to renew the motion curing the deficiency noted above. IT IS SO ORDERED. DATED this 26th day of June, 2009. /s/ Anna J. Brown ANNA J. BROWN United States District Judge

2 - ORDER -

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