(PC) Palacios v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JORGE PALACIOS, No. 2:17-cv-2500 TLN CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS KEVIN SMITH, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed two notices regarding defendant Smith’s “dirty tricks” and a motion for a temporary restraining order or preliminary injunction. (ECF Nos. 49-51.) A temporary restraining order is an extraordinary measure of relief that a federal court may impose without notice to the adverse party if, in an affidavit or verified complaint, the movant “clearly show[s] that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.” Fed. R. Civ. P. 65(b)(1)(A). The purpose in issuing a temporary restraining order is to preserve the status quo pending a fuller hearing. The standard for issuing a temporary restraining order is essentially the same as that for issuing a preliminary…