Opinion
02 Civ. 1735 (LAK)
April 5, 2002
ORDER
Plaintiff, an inmate at the Metropolitan Correction Center, has moved for a temporary restraining order, although the relief he seeks is not clear, claiming that a number of correction officers have retaliated against him for filing this action and otherwise complaining about prison conditions. There is no indication that the motion was served on any of the defendants.
Rule 65(b), Fed.R.Civ.P., states that "[a] temporary restraining order may be granted without written or oral notice to the adverse party . . . only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in opposition, and (2) the applicant's attorney [in this case, the applicant pro se] certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required."
Plaintiff's papers do not comply with the foregoing provision. Accordingly, the motion for a temporary restraining order is denied without prejudice to renewal upon a proper showing or upon a motion with notice to the adversaries.
SO ORDERED.