UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 4, 2009
RANDALL STEVENS, ET AL., PLAINTIFFS,
SUPERIOR COURT OF CALIFORNIA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
MEMORANDUM AND ORDER
Presently before the Court is Plaintiff's Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction ("Application"). Plaintiff seeks an order "directing Defendants to stay all proceedings until [the federal] matter has been litigated on whether Defendants violated protected constitutional rights and by their failure to interpret the Trust contract and maintain a record of proceedings, denied Plaintiff his due process and equal protection rights." Application, 12:2-7. For the following reasons, Plaintiff's Application is denied.
This Court is specifically prohibited from issuing Plaintiff the relief he requests. Indeed, "[a] court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments." 28 U.S.C. § 2283. By way of dangerous and quite possibly libelous allegations, Plaintiff seeks relief that, if granted, would fall directly within the above statutory proscription. Accordingly, Plaintiffs' Application for Temporary Restraining Order And/Or Preliminary Injunction (Docket No. 3) is DENIED.
IT IS SO ORDERED.
© 1992-2009 VersusLaw Inc.