Jeffrey M. Wiltse v. Kristina Pickering, et al.

Summary

The United States District Court for the District of Nevada adopted a magistrate judge’s Report and Recommendation concerning Plaintiff Jeffrey M. Wiltse’s emergency motions for temporary restraining orders. The court denied the motions without prejudice as premature because the complaint had not yet been screened and the action could not proceed until the court determined whether it stated a colorable claim.

Holdings

1. A plaintiff must first commence a civil action by filing a complaint before seeking preliminary injunctive relief; motions filed before the complaint are premature and procedurally improper.
2. The subsequent filing of a complaint does not moot the prematurity determination where the complaint had not yet been screened under 28 U.S.C. § 1915.
3. A duplicative Motion for Temporary Restraining Order filed before any complaint was filed is likewise premature and procedurally improper.

Questions Presented

1. Whether emergency motions seeking injunctive relief were premature and procedurally improper because they were filed before a civil action was commenced by filing a complaint.
2. Whether the later filing of a complaint made the magistrate judge's prematurity determination moot when the complaint had not yet been screened under 28 U.S.C. § 1915.
3. Whether the duplicative Motion for Temporary Restraining Order should also be denied as premature.

Disposition

other