Thomasson v. Premo et al

Filing 37

ORDER: Plaintiff's Motion for Appointment of Counsel 29 and Motion for Temporary Restraining Order 31 are denied. Signed on 3/16/16 by Chief Judge Michael W. Mosman. (Mailed copy to plaintiff) (dsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JEREMIAH THOMASSON, Case No. 6:14-cv-01788-MO Plaintiff, ORDER v. JEFF PREMO, et al., Defendants. MOSMAN, District Judge. Plaintiff moves for in this prisoner the appointment civil of counsel. Appointment of Counsel (#29) rights case once again Plaintiff's Motion for is denied for the reasons set forth in the court's Order (#8) dated December 16, 2014. Plaintiff also moves the court for immediate injunctive relief in the form of a transfer from his prison in Florida to an institution in Oregon. request as one 1 - ORDER involving Although plaintiff characterizes his a temporary restraining order, such orders are generally allowed for no more than 14 days, Civ. court P. 65(b)(2) Fed. Given the nature of plaintiff's request, construes plaintiff's Motion as requesting R. the preliminary injunctive relief. Based upon the court's review of the record in this case, defendants have not yet waived service or been served with the Complaint in this case, nor has plaintiff served them with his Motion seeking preliminary injunctive relief. P. 65(a) (1) See Fed. R. Civ. (preliminary injunctions may issue only upon notice to the adverse party) . As a result, plaintiff's Motion seeking preliminary injunctive relief in this case is denied. CONCLUSION Plaintiff's Motion for Appointment of Counsel (#29) and Motion for Temporary Restraining Order (#31) are denied. IT IS SO ORDERED. DATED this -1L2_ day of March, 2016. MiChlj'£ Mosman United States District Judge 2 - ORDER

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