Dang v. Gonzales et al
ORDER RENOTING petitioner's 8 MOTION for Immediate Release from Immigration Detention. Petitioner's TRO motion is construed as a motion for preliminary injunction. The new noting date is 2/13/2006. Respondents'response to the motion is due by 02/10/06, and petitioner's reply is due by 02/13/06. Signed by Magistrate Judge Mary Alice Theiler. (GB)
Dang v. Gonzales et al
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01 02 03 04 05 06 07 08 VU DANG, 09 10 11 12 13 14 Petitioner, through counsel, has filed a motion for temporary restraining order. (Dkt. #8). UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Petitioner, ) ) v. ) ) ALBERTO R. GONZALES, et al., ) ) Respondents. ) ____________________________________ ) CASE NO. C06-76-JCC-MAT
ORDER DIRECTING RESPONSE TO MOTION FOR TEMPORARY RESTRAINING ORDER
15 Petitioner requests in his motion for temporary restraining order that this Court issue an order 16 directing that he be immediately released from the custody of the Immigration and Customs 17 Enforcement. The Court, having reviewed petitioner's motion, and the balance of the record, does 18 hereby ORDER: 19 (1) Petitioner has not demonstrated, as is required by Rule 65(b) of the Federal Rules of
20 Civil Procedure, that he will suffer immediate and irreparable injury, loss, or damage before 21 respondent can be heard in opposition. The Court therefore construes petitioner's motion as one 22 for preliminary injunction rather than as one for temporary restraining order and directs ORDER DIRECTING RESPONSE TO MOTION FOR TEMPORARY RESTRAINING ORDER PAGE -1
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01 respondents to file a response to the motion no later than Friday, February 10, 2006. 02 (2) Petitioner may file a reply in support of his motion not later than Monday, February
03 13, 2006. The motion will be deemed ripe for consideration on that date. The Court will also 04 consider at that time whether a hearing is necessary. 05 (3) The Clerk shall re-note petitioner's motion for temporary restraining order (Dkt. #8)
06 on the Court's calendar for consideration February 13, 2006. 07 (4) The Clerk shall send copies of this Order to petitioner's counsel, to the United States
08 Attorney's Office, and to the Honorable John C. Coughenour. 09 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER DIRECTING RESPONSE TO MOTION FOR TEMPORARY RESTRAINING ORDER PAGE -2 DATED this 31st day of January , 2006.
Mary Alice Theiler United States Magistrate Judge
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