Opinion
CIVIL ACTION NO. 09-1591.
September 28, 2009
MEMORANDUM ORDER
Before the Court is Plaintiff's "Motion for Issuance of an Restraining Order." See Record Document 4. The Court will construe the request as a motion for a temporary restraining order. To obtain the relief he seeks, Plaintiff would have to show (1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury absent an injunction, (3) that the threatened injury would exceed any harm that would flow from the injunction, and (4) that the injunction would not undermine the public interest. See Walgreen Co. v. Hood, 275 F.3d 475, 477 (5th Cir. 2001). Plaintiff has made allegations relating to prongs two and three. Yet, he has failed to address prongs one and four — a substantial likelihood of success on the merits and that the injunction would not undermine the public interest. Thus, the Motion for Issuance of an Restraining Order is DENIED.
Plaintiff has not served the Defendants with the Complaint (Record Document 1) and/or the "Motion for Issuance of an Restraining Order" (Record Document 4) in accordance with the Federal Rules of Civil Procedure. Only after the Defendants have appeared will the Court take up further proceedings regarding the Plaintiff's Complaint and the "Motion for Issuance of an Restraining Order."
IT IS SO ORDERED.
THUS DONE AND SIGNED.