Cuviello

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division JOSEPH PAT CUVIELLO, individually, Case No. 23-cv-00029-LB

Plaintiff, ORDER DENYING EX PARTE

MOTION FOR A TEMPORARY

v. RESTRAINING ORDER

CITY OF BELMONT, et al., Defendants. 16 INTRODUCTION On January 4, 2023, the plaintiff, who is representing himself, sued the City of Belmont and local officials after they suspended his volunteer invasive-plant removal program in November 2022, allegedly in retaliation for his criticism of the defendants and without due process, in violation of the U.S. Constitution. On February 23, 2023, he filed a temporary restraining order (TRO) and asked to resume removing the plants. The court denies the motion because the plaintiff has not shown exigent circumstances sufficient to justify an ex parte TRO. 24 STATEMENT The following allegations from the complaint show the timeline of the…