Kimberly Wood v. Shenandoah County Board of Supervisors et al.

Summary

The United States District Court for the Western District of Virginia grants Kimberly Wood’s application to proceed in forma pauperis but denies her motions for a temporary restraining order and preliminary injunction. The court concludes that Wood failed to satisfy the notice requirements for a Rule 65(b) TRO and did not make the required clear showing of likely success on the merits or irreparable harm. The underlying allegations concern purportedly defective land records, tax parcel identifiers, and an attempted foreclosure of her property.

Holdings

1. A movant seeking a temporary restraining order without notice must identify specific facts showing immediate and irreparable injury before the adverse party can be heard and must provide written certification of efforts to give notice and reasons notice should not be required. Wood satisfied neither requirement, so the TRO was denied.
2. A preliminary injunction requires a clear showing of likelihood of success on the merits, likely irreparable harm, a favorable balance of equities, and consistency with the public interest. Wood failed to make the required showing, so preliminary injunctive relief was denied.
3. A plaintiff seeking a preliminary injunction generally cannot rely solely on allegations in the complaint but must present evidence showing a likelihood of success on the merits.
4. Wood was entitled to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1) based on the representations in her application.

Questions Presented

1. Whether Wood satisfied the procedural requirements for a temporary restraining order without notice under Federal Rule of Civil Procedure 65(b)(1).
2. Whether Wood established the four Winter factors required for a preliminary injunction.
3. Whether Wood made a clear showing of likely success on the merits and likely irreparable harm based on her allegations and submitted evidence.
4. Whether Wood was entitled to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).

Disposition

other