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Belcher v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 28, 2008

A. BELCHER, PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, GOVERNOR OF CALIFORNIA IN HIS OFFICIAL CAPACITY; JERRY BROWN, ATTORNEY GENERAL OF CALIFORNIA, IN HIS OFFICIAL CAPACITY; GEORGE S. SCARBOROGH, PROGRAM MANAGER OF CALIFORNIA IN HIS OFFICIAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

On June 25, 2008, Plaintiff filed a request for leave to proceed under a pseudonym and a request that a temporary restraining order issue enjoining Defendants to "temporarily return plaintiff's internet exclusion status as it existed as of March 13, 2008 . . . ." (Mot. at 4:1-5.) On July 25, 2008 Magistrate Judge Hollows issued an order denying the request to proceed under a pseudonym and referring the temporary restraining order request to the undersigned district judge.

"Except in the most extraordinary of circumstances, no temporary restraining order shall be granted in the absence of actual notice to the affected party, by telephone or other means, or a sufficient showing of efforts made to provide notice." Eastern District Local Rule 65-231(a). A review of the case docket reveals that no Defendant has been served and Plaintiff has not filed an affidavit "detailing the notice or efforts to effect notice to the affected parties or counsel or showing good cause why notice should not be given." Id. at 65-231(c)(5). Since Plaintiff has failed to show extraordinary circumstances warranting an ex parte proceeding, Plaintiff's motion for a temporary restraining order is denied.

IT IS SO ORDERED.


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