Phillips-Kerley
Phillips-Kerley v. City of Fresno Fire Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
7 CASE: 1:18-cv-00438-AWI-BAM DAVID PHILLIPS-KERLEY,
Plaintiff, ORDER DENYING PLAINTIFF’S EX
PARTE APPLICATION FOR
v. TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE WHY
PRELIMINARY INJUNCTION
CITY OF FRESNO,
SHOULD NOT ENTER
12 Defendant.
(Doc. No. 126)
15 16
18 19 On Friday, August 12, 2022, Plaintiff David Phillips-Kerley filed an ex parte application for a temporary restraining order (“TRO”) and order to show cause why a preliminary injunction should not issue, pursuant to Rule1 65 of the Federal Rules of Civil Procedure. Doc. No. 126. The application seeks to enjoin Defendant City of Fresno (“Fresno”) from: (i) causing Phillips-Kerley “further retaliation and harassment by failing to separate [him] from certain actors who [he] has requested separation [from] due to medical conditions in the past”; (ii) “preventing [Phillips- Kerley] from seeking … worker’s compensation benefits”; and (iii) “carrying out any…