Watson v. Garman

22 Citing cases

  1. Lilley v. Smith

    NO. 5:16-CT-3216-FL (E.D.N.C. Apr. 5, 2017)   Cited 1 times

    The court construes plaintiff's motion for injunctive relief as a request for a temporary restraining order. See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served).

  2. McClain v. N.C. Dep't of Pub. Safety

    NO. 5:16-CT-3009-FL (E.D.N.C. Oct. 6, 2016)   Cited 1 times

    In light of plaintiff's expressed intent that his January 13, 2016, filing be considered a motion for injunctive relief, the court now considers plaintiff's motion for emergency injunctive relief and construes it as a motion for a temporary restraining order.See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served).

  3. Peterson v. Jackson

    NO. 5:15-CT-3308-FL (E.D.N.C. Apr. 29, 2016)   Cited 1 times

    The court construes plaintiff's motion for injunctive relief as a request for a temporary restraining order.See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served). Temporary restraining orders are governed by Rule 65 of the Federal Rules of Civil Procedure, which provides that a temporary restraining order shall not issue in the absence of "specific facts . . . [which] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition."

  4. Turner v. Clelland

    1:15CV947 (M.D.N.C. Mar. 16, 2016)   Cited 2 times

    "The purpose of a TRO is to preserve the status quo and avoid possible irreparable injury to a party pending litigation until a hearing may be conducted." Watson v. Garman, No. 7:12-CV-37, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (unpublished) (citing Steakhouse, Inc., 166 F.3d at 637). "A [TRO], particularly one granted without notice to the defendant, is an emergency procedure and is appropriate only when the applicant is in need of immediate relief."

  5. Fox v. Futrelle

    NO. 5:15-CT-3294-FL (E.D.N.C. Mar. 1, 2016)

    As before, the court construes plaintiff's motion for injunctive relief as a request for a temporary restraining order.See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served). Temporary restraining orders are governed by Rule 65 of the Federal Rules of Civil Procedure, which provides that a temporary restraining order shall not issue in the absence of "specific facts . . . [which] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition."

  6. Fox v. Futrelle

    NO. 5:15-CT-3294-FL (E.D.N.C. Dec. 14, 2015)

    The court construes plaintiff's motion for injunctive relief as a request for a temporary restraining order.See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served). Temporary restraining orders are governed by Rule 65 of the Federal Rules of Civil Procedure, which provides that a temporary restraining order shall not issue in the absence of "specific facts . . . [which] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition."

  7. Jacobs v. Holmes

    NO. 5:15-CT-3031-FL (E.D.N.C. Jun. 24, 2015)   Cited 1 times

    The court construes plaintiff's motion for injunctive relief as a request for a temporary restraining order.See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served). Temporary restraining orders are governed by Rule 65 of the Federal Rules of Civil Procedure, which provides that a temporary restraining order shall not issue in the absence of "specific facts . . . [which] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition."

  8. Miller v. Williamson

    NO. 5:14-CT-3287-FL (E.D.N.C. May. 11, 2015)

    Finally, the court turns to plaintiff's motion for injunctive relief requesting a court order directing prison officials to provide him with the ability to make copies of his documents so that he may provide the copies to defendants. The court construes plaintiff's motion for injunctive relief as a request for a temporary restraining order.See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served). Temporary restraining orders are governed by Rule 65 of the Federal Rules of Civil Procedure, which provides that a temporary restraining order shall not issue in the absence of "specific facts . . . [which] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition."

  9. Owens v. Bulter

    NO. 5:15-CT-3033-FL (E.D.N.C. Apr. 22, 2015)   Cited 1 times
    Denying plaintiff's motion for summary judgment as premature because "defendants have not yet been served with a copy of the summons and complaint"

    The court construes plaintiff's motions for injunctive relief as a requests for a temporary restraining order.See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served). Temporary restraining orders are governed by Rule 65 of the Federal Rules of Civil Procedure, which provides that a temporary restraining order shall not issue in the absence of "specific facts . . . [which] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition."

  10. Nunn v. N.C. Legislation

    NO. 5:14-CT-3190-FL (E.D.N.C. Apr. 14, 2015)   Cited 7 times
    Dismissing complaint pursuant to ยง 1915(e)(B) where plaintiff's allegations amounted to "nothing more than a disagreement with prison officials" over the need for an extra mattress

    The court construes plaintiff's motion for injunctive relief as a request for a temporary restraining order.See Watson v. Garman, No. 7:12-cv-00037, 2012 WL 664066, at *1 (W.D. Va. Feb. 29, 2012) (construing motion for a preliminary injunction as one for a temporary restraining order where the defendants have not yet been served). Temporary restraining orders are governed by Rule 65 of the Federal Rules of Civil Procedure, which provides that a temporary restraining order shall not issue in the absence of "specific facts . . . [which] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition."