Kimble

Jolee Kimble v. Frank Birchank

Good Law
United States District Court, Southern District of CaliforniaDecember 19, 20253:25-cv-03507California765 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Jolee KIMBLE, Case No.: 25-cv-3507-AGS-SBC Plaintiff, ORDER DENYING MOTIONS FOR

RESTRAINING ORDER (ECF 5) AND

v.

FOR APPOINTED COUNSEL (ECF 3)

Frank BIRCHANK, Defendant. 8 Plaintiff Jolee Kimble, proceeding without an attorney, seeks an “ex parte restraining order” and appointed counsel. (ECF 5, at 1; ECF 3.) Because the complaint was previously dismissed in this case—and has not been amended—her requests are denied. DISCUSSION A. Motion for Temporary Restraining Order A temporary restraining order is a form of emergency injunctive relief without notice to the other side. See Fed. R. Civ. P. 65. Such emergency relief is “an extraordinary remedy never awarded as of right.” Winter v. Natural Res. Def. Council, 555 U.S. 7, 24 (2008). To obtain such an order, plaintiff “must establish that [s]he is likely to succeed on the merits, that [s]he is likely to suffer irreparable harm in the absence of preliminary…

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