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Calihan v. Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 8, 2010

KENNY CALIHAN, PLAINTIFF,
v.
D. ADAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER RE MOTIONS (Doc. 11, 12, 13, 14)

Plaintiff Kenny Calihan ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court are four of Plaintiff's motions. On August 26, 2009, Plaintiff filed a motion requesting that the Court order Defendants to furnish a copy of his trust account statement. (Doc. #12.) On August 27, 2009, Plaintiff filed a motion for a temporary restraining order because Defendant Castro threatened to retaliate against Plaintiff for this lawsuit. (Doc. #11.) On August 28, 2009, Plaintiff filed a motion for a temporary restraining order requesting that the Court require prison officials to deliver Plaintiff his mail without delay. (Doc. #13.) On August 31, 2009, Plaintiff filed a motion for a temporary restraining order preventing Defendant Morrison from harassing Plaintiff. (Doc. #14.) Plaintiff has consented to jurisdiction by U.S. Magistrate Judge. (Doc. #5.)

The Court notes that Plaintiff's motion for the court to order Defendants to furnish a certified copy of Plaintiff's trust account statement appears to be moot. The Court received copies of Plaintiff's trust account statement on September 10, 2009 and September 14, 2009. (Docs. #15, 16.) Plaintiff's motion will therefore be denied as moot.

Defendants have not been served with Plaintiff's complaint and have not otherwise made an appearance in this action. There is no indication in Plaintiff's motion that Plaintiff has made any attempt to provide Defendants with notice of his request for a temporary restraining order. Plaintiff is advised that under Federal Rule of Civil Procedure 65(b)(1)(B), a party requesting a temporary restraining order without written or oral notice to the adverse party must "certify in writing any efforts made to give notice and the reasons why it should not be required." Plaintiff has not certified in writing what efforts he made to give notice to Defendants or the reasons why notice should not be required. On that basis Plaintiff's motions for temporary restraining orders will be denied.

Based on the foregoing, it is HEREBY ORDERED that:

1. Plaintiff's August 26, 2009 motion requesting the Court to order Defendants to furnish a copy of his trust statement is DENIED as moot;

2. Plaintiff's August 27, 2009 motion for a temporary restraining order is DENIED;

3. Plaintiff's August 28, 2009 motion for a temporary restraining order is DENIED; and

4. Plaintiff's August 31, 2009 motion for a temporary restraining order is DENIED.

IT IS SO ORDERED.

20100108

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