Wilson

Wilson v. Siskiyou County Superior Court

Good Law
United States District Court, Northern District of CaliforniaMay 3, 20233:23-cv-02083California473 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL K. WILSON, Case No. 23-cv-02083-JSC

Petitioner,

ORDER DENYING MOTION FOR A

v. TEMPORARY RESTRAINING ORDER

SISKIYOU COUNTY SUPERIOR Re: Dkt. No.

COURT,

11 Respondent.

12 Petitioner, a California prisoner at Napa State Hospital (“NSH”) who is proceeding without a lawyer, filed this petition for a writ of habeas corpus under 28 U.S.C. § 2254. He has not paid 14 the filing fee or filed an application for leave to proceed in forma pauperis (“IFP”). Along with 15 the petition, he filed a motion for a temporary restraining order (“TRO”). (ECF No. 2.) The 16 motion is very similar to a TRO motion filed the same day in his prior case, Wilson v. Siskiyou 17 County Superior Court, No. C 22-1267 JSC (ECF No. 7). 18 The motion for a TRO must be denied for the same reasons. First, this case cannot proceed until Petitioner has paid the filing fee or completed an IFP application. Second, prior to obtaining 20 a TRO, Petitioner must provide notice to the adverse party…

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