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Burley v. San Joaquin County Sheriff's Office

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


June 16, 2009

SILVIA BURLEY, CHAIRPERSON CALIFORNIA VALLEY MIWOK TRIBE, FORMERLY SHEEP RANCH OF ME-WUK INDIANS OF CALIFORNIA PLAINTIFFS,
v.
SAN JOAQUIN COUNTY SHERIFF'S OFFICE, SHERIFF'S CIVIL DIVISION, INDYMAC, BANK, FSB DEFENDANTS.

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

ORDER*fn1

Plaintiff Silvia Burley, proceeding pro se, filed a request for a Temporary Restraining Order ("TRO") on June 16, 2009, in which she seeks to enjoin the San Joaquin County Sheriff's Office and Indymac Bank FSB from evicting the California Valley Miwok Tribe from the property located at 10601 Escondido Place, Stockton, California 95212. The eviction is scheduled to occur on June 17, 2009. Plaintiff Burley, however, is not an attorney and under L.R. 83- 183(a), "[a] corporation or other entity may appear only by an attorney." Thus Plaintiff Burley cannot bring this action for the California Valley Miwok Tribe. Further, a TRO requires a showing of "irreparable injury" and Plaintiff Burley has alleged no facts explaining why the eviction is occurring, when she first became aware the California Valley Miwok Tribe could be evicted, and why she did not seek relief earlier than on the eve of the eviction. See L.R. 65-231(b) (indicating a court may "consider whether the applicant could have sought relief by motion . . . at an earlier date without the necessity for seeking last-minute relief by motion for temporary restraining order.") Therefore, her request for a TRO is denied.


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