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Sandra Williams, and Karen v. Joseph M. Canning

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


April 2, 2013

SANDRA WILLIAMS, AND KAREN BURTON, (AKA, K.M. BURTON, NOTARY PUBLIC) INDIVIDUALLY, AND IN HER OFFICIAL CAPACITY AS A CALIFORNIA COMMISSION NOTARY PUBLIC, PLAINTIFFS,
v.
JOSEPH M. CANNING, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN OFFICER OF THE COURT; SOL HOMES, A DOMESTIC LLC; DARE DELOREFICE INDIVIDUALLY; TREASURY BANK, ET AL., REPRESENTED BY ROBERT J. JACKSON & ASSOCIATES, INC.; ROBERT J. JACKSON & ASSOCIATES, INC., INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITY AS AN OFFICER OF THE COURT, ANY SUCCESSORS IN INTEREST; AND DOES 1 THROUGH 1000, DEFENDANTS.

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

ORDER DENYING EX PARTE MOTION FOR A TEMPORARY RESTRAINING

ORDER AND PRELIMINARY INJUNCTION*fn1

On April 1, 2013, Plaintiffs, proceeding in propria persona, filed an unnoticed ex parte motion for a temporary restraining order and a preliminary injunction. Since a preliminary injunction may be issued "only on notice to the adverse party," Fed. R. Civ. P. 56(a)(1), the portion of Plaintiffs' motion seeking a preliminary injunction is denied.

Further, Plaintiffs' conclusory statements in their request do not demonstrate that they have a probability of succeeding on the merits of their claims, or that they risk suffering irreparable harm if an injunction does not issue. A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1013 (9th Cir. 2001) (discussing injunction standard). Therefore, Plaintiffs' motion for a temporary restraining order (ECF No. 2) is denied.


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