Larry L. Henderson, Sr. and Jay Tabor v. Calvi Rayford et al.

Summary

The United States District Court for the Eastern District of Missouri denied Larry L. Henderson, Sr.'s pro se emergency motion for a temporary restraining order and preliminary injunction seeking to prevent eviction and obtain disability-related accommodations. The court held that Henderson failed to provide the certification required for an ex parte temporary restraining order and that the Dataphase factors did not support relief, including because of an adverse state-court eviction judgment and the absence of a sufficient showing of likely success on the merits.

Holdings

1. The court could not issue a temporary restraining order without notice because Henderson did not certify in writing the efforts made to provide notice and the reasons notice should not be required.
2. Henderson was not entitled to a TRO or preliminary injunction because he failed to establish the Dataphase factors, including a likelihood of success on the merits and irreparable harm, while the balance of equities and public interest favored the defendants.

Questions Presented

1. Whether the court could issue a temporary restraining order without notice when the opposing parties had not been served and the movant had not provided the written certification required by Federal Rule of Civil Procedure 65(b)(1)(A).
2. Whether Henderson satisfied the Dataphase factors for a temporary restraining order or preliminary injunction.
3. Whether Henderson demonstrated a likelihood of success on claims seeking to enjoin the eviction and obtain disability-related accommodations despite the prior Missouri state-court judgment.

Disposition

denied