Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
6Activity
0 of .
Results for:
No results containing your search query
P. 1
Rhodes v Gates (WD Tex 2009) - Order Denying TRO

Rhodes v Gates (WD Tex 2009) - Order Denying TRO

Ratings: (0)|Views: 42 |Likes:
Published by Jack Ryan
Rhodes v Gates (WD Tex 2009) - Order Denying TRO
Rhodes v Gates (WD Tex 2009) - Order Denying TRO

More info:

Categories:Types, Research
Published by: Jack Ryan on Jan 17, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/17/2013

pdf

text

original

 
CONNIE
RHODES,
Plaintiff,
v.
§§§§§
CivilAction
No.
SA-09-CV-703-XR
§
ROBERT
GATES,
U.S.
SECRETARY
OF
DEFENSE,
et
al.
§§§
Defendants.
§
ORDER
On
this date, the
Court considered
Plaintiffs
application
for
a
temporary
restraining orderpursuant
to
Rule 65(b)
of
the
Federal
Rules
of
Civil Procedure.
Plaintiffs
application
is
hereby
DENIED.
Federal
Rule
of
Civil Procedure
11
The
Federal
Rules
of
Civil Procedurerequirethat
"[
e
very
pleading,
writtenmotion,
and
other paper
mustbe
signed by
at
least
one
attorney
of
record
inthe
attorney's
name
....
"
FED.
R.
Crv.
P
.
11.
"The courtmuststrike
an
unsigned paper
....
"
!d.
Likewise, the rules
of
this Courtrequires
that"[
e
very
motion
shall
be signed by
at
least
one
attorney
of
record
....
"
W.D.
Tex.Local
R.
CV-7(a).
Plaintiff
providedthiscourt
with
an
unsignedapplication.There
is
no
signature
or
mark
provided
by any
counselor
the
Plaintiff herself
to
meet the
requirements
of
the
FederalRules
of
Civil Procedure.
See
Becker
v.
Montgomery,
532
U.S.
757,
764
(2001).
Consequently,thisCourt
is
required
to
strike
the
application "unless
the
omission
is
promptly corrected
afterbeingcalled
to
the
attorney's attention."
See
FED.
R.
Crv.
P. 11.
Given the
time-sensitive
nature
underwhich
temporary
restraining
orders
are
sought, this
Court will
continue
its evaluation
of
the
 
application
in
theeventthat
Plaintiff
complies
with the
requirements
ofthe
federal
courts.
Background
Plaintiff, Captain
Connie
Rhodes,M.D.,
("Rhodes")
isan
officer
ofthe
United
States
Anny
and
a
medical doctor.
She
received orders
to
arrive in San
Antonio, Texas,
to
attend
the
Tactical
Combat Medical
Care Course
at
Fort
Sam
Houston
from
August
30,
2009,
until
September
4,2009.
Her
orders
statethat
she
is
scheduled
to
arrive
at
Fort Benning
in
Columbus,Georgia,
on
September
5,2009,
for
deployment
to
Iraq.
Rhodes
seeks
injunctive
relief
against the
United
States Department
of
Defense
based on
"reservations
regarding
the
legitimacy
ofBarack
Obama
as
the
Commanderwin·
Chief."
(Application
for
TRO,
Aug. 25,
2009.)
Analysis
The
Federal Rules
of
Civil Procedure
give
a
court
the
discretion
to
issue
a
temporaryrestraining order
"only
if
specific
facts in
an
affidavit
or
verified complaint
clearly
show the
immediate
and
irreparable
injury,
loss, or damage will
result
to
the
movant
...
and
the
movant's
attorneycertifies
in
writing
any
efforts
made
to
give
notice
and
the reasons
whyit
should
not
be
required."
FED.
R.
Crv.
P.
65(b). The
Fifth
Circuit
Court
of
Appeals
has
repeatedly
outlined
thestandardsthat
a
district
court
is
to
consider
when
deciding whether
to
grant
preliminary
injunctive
relief:
(1)
a
substantial likelihood
of
success
on
the merits,
(2)
a
substantial
threat
of
irreparableinjury
ifthe
injunction
is
not
issued,
(3)
thatthe
threatened
injury
ifthe
injunction
is
denied
outweighs
any
harmthat will result
if
the
injunction
is
granted,
and
(4)
that
the grant
of
an
injunction
will
not
disserve
the
public interest.
Palmer
ex
reI.
Palmer
v.
Waxahachie
Indep.
Sch.
Dist.,
_
FJd _,2009
WL
2461889,
at
*2
(5th
Cir. Aug.
13,2009)
(quoting
Byrum
v.
Landreth,
566
FJd
442,445
(5thCir.2009)).

Activity (6)

You've already reviewed this. Edit your review.
1 hundred reads
Carl McNealy liked this
Neil Marshall liked this
Brendon Guiznot liked this
magicmulder liked this
Jack Ryan liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->