Eswaran v. McTighe

Summary

The document contains findings and recommendations by a United States magistrate judge recommending denial of Suresh Eswaran’s motion for a temporary restraining order against Colonel Robert McTighe, in his official capacity as District Commander of the U.S. Army Corps of Engineers, Sacramento District. The court found the motion procedurally deficient under Federal Rule of Civil Procedure 65 and Eastern District of California Local Rule 231. The court also concluded that plaintiff had not shown a likelihood of success on the merits or a likelihood of irreparable harm concerning alleged environmental impacts from Project 3B along the American River.

Holdings

1. A temporary restraining order motion may be denied when the movant fails to comply with Rule 65(b) and applicable local requirements concerning briefing, notice or efforts to provide notice, a bond provision, and required provisions in the proposed order.
2. Plaintiff was not entitled to a temporary restraining order because he failed to demonstrate a likelihood of success on the merits.
3. Plaintiff was not entitled to a temporary restraining order because he failed to show that irreparable harm was imminent.

Questions Presented

1. Whether plaintiff's motion for a temporary restraining order complied with Federal Rule of Civil Procedure 65(b) and Eastern District of California Local Rule 231.
2. Whether plaintiff demonstrated a likelihood of success on the merits sufficient to support temporary injunctive relief.
3. Whether plaintiff demonstrated an imminent likelihood of irreparable harm absent temporary injunctive relief.

Disposition

other