Allison

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FREDERICK WAYNE SMITH, No. 1:22-cv-01580-JLT-SAB (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR TEMPORARY RESTRAINING ORDER

13 v. (Doc. 42) 14 KATHLEEN ALLISON, et al. 15 Defendants. 16 17 On February 8, 2024, the instant action filed pursuant to 42 U.S.C. § 1983 was dismissed, 18 without prejudice, for failure to exhaust the administrative remedies and judgment was entered. 19 (Docs. 40, 41.) On February 16, 2024, Plaintiff filed a motion for a temporary restraining order. 20 (Doc. 42.) Plaintiff contends that he needs an emergency transfer because inmates are trying to 21 kill him. (Id. at 1.) 22 A temporary restraining order is an extraordinary measure of relief that a federal court 23 may impose without notice to the adverse party if, in an affidavit or verified complaint, the 24 movant “clearly show[s] that immediate and irreparable injury, loss, or damage will result to the 25 movant before the adverse party can be heard in opposition.” Fed. R. Civ. P.…