Amine Merzaki v. Oktibbeha County, et al.

Merzaki · United States District Court for the Northern District of Mississippi, Aberdeen Division · April 14, 2026 · No. 1:26-CV-49-GHD-DAS

Summary

The United States District Court for the Northern District of Mississippi denied pro se Plaintiff Amine Merzaki’s emergency motion for a temporary restraining order. The court held that the motion failed to satisfy Federal Rule of Civil Procedure 65(b)(1) because it did not adequately allege immediate and irreparable injury before the defendants could be heard and did not certify efforts to provide notice or reasons notice should not be required.

Holdings

  1. The motion for an ex parte temporary restraining order must be denied because Plaintiff failed to adequately allege that immediate and irreparable injury would occur before Defendants could be heard and failed to provide the required written certification concerning notice.

Questions Presented

  1. Whether Plaintiff satisfied Federal Rule of Civil Procedure 65(b)(1)'s requirements for an ex parte temporary restraining order.
  2. Whether Plaintiff adequately alleged immediate and irreparable injury before Defendants could be heard.
  3. Whether Plaintiff certified in writing his efforts to give notice to Defendants and the reasons notice should not be required.

Disposition

other

Cases Cited (3)

  • Esparza v. Bd. of Trustees, 182 F.3d 915, 1999 WL 423109, at *2 (5th Cir. 1999)(followed)
  • Ruffin v. Turner, No. 2:25-CV-169-TBM-RPM, 2026 WL 220912, at *2 (S.D. Miss. Jan. 27, 2026)(followed)
  • Evans v. Hall, No. 4:20-cv-140-NBB-JVM, 2020 WL 5899422, at *1 (N.D. Miss. Oct. 5, 2020)(followed)

Cited In (0)

No citing cases on record yet.

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