Goss v. Beilfuss et al

Filing 6

DECISION AND ORDER signed by Judge Rudolph T Randa on 7/6/06 denying 2 petitioner's Motion for a Temporary Restraining Order. (cc: all counsel) (Randa, Rudolph T)

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Goss v. Beilfuss et al Doc. 6 Case 2:06-cv-00737-RTR Filed 07/06/2006 Page 1 of 2 Document 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN S P E C I A L I S T PHILLIP M. GOSS, P e titio n e r , v. C O M M A N D IN G OFFICER CAPTAIN MATTHEW P. BEILFUSS 1 s t Battalion, 121st Field Artillery Wisconsin National Guard, S E C R E T A R Y OF THE ARMY R e s p o n d e n t s. C a s e No. 06-C-0737 DECISION AND ORDER O n July 5, 2006, the petitioner, Specialist Phillip M. Goss ("Goss"), filed motions for a temporary restraining order, preliminary injunction, and habeas relief. In his motion for a temporary restraining order and preliminary injunction, Goss argues that he should be m a in ta in e d in the Wisconsin National Guard and exempted from deployment, or discharged, b e c au s e (1) he is physically unable to perform the duties required of active soldiers in the M id d le East; (2) his assignment to active duty was unlawful because he did not request a tra n sf e r to active status; (3) he was denied access to a physical evaluation board; and (4) the W is c o n s in Guard failed to permit him access to separation processes as prescribed by Army re g u la tio n s . Dockets.Justia.com Case 2:06-cv-00737-RTR Filed 07/06/2006 Page 2 of 2 Document 6 T h e Court has considered Goss's motion for a temporary restraining order, the a f f id a v it and brief provided in support thereof, and the habeas petition underlying his actiont. A f ter examining those materials, the Court finds that Goss has failed to satisfy the criteria f o r issuance of a temporary restraining order pursuant to Rule 65 of the Federal Rules of C iv il Procedure. NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY O R D E R E D THAT: G o s s 's Motion for a Temporary Restraining Order is DENIED. Dated at Milwaukee, Wisconsin this 6th day of July, 2006. BY THE COURT: s /R u d o l p h T. Randa HON. RUDOLPH T. RANDA C h ie f Judge 2

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