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Capshaw v. Butte Community Bank

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


August 6, 2009

ROBERT CAPSHAW, ET AL., PLAINTIFF,
v.
BUTTE COMMUNITY BANK, DEFENDANT.

ORDER

Plaintiffs, proceeding pro se, bring this civil action pursuant 15 U.S.C. § 1601, et. seq. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.

On June 11, 2009, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. No objections to the findings and recommendations have been filed.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the Magistrate Judge's analysis. The magistrate applied the"sliding scale" approach to motions seeking preliminary injunctions. This approach was limited by the Supreme Court's recent decision in Winter v. Natural Res. Def. Council, Inc., ___ U.S. ___, 129 S.Ct. 365, 374 (2008). However, the magistrate's analysis, which concluded that plaintiffs had not made a showing of irreparable injury entitling them to a preliminary injunction, is consistent with the Supreme Court's analysis in Winter.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed June 11, 2009, are adopted in full; and

2. Plaintiffs' request for a "temporary injunction" is denied without prejudice.

20090806

© 1992-2009 VersusLaw Inc.



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