United States District Court, N.D. Texas, Dallas Division
to U.S. Magistrate Judge
FINDINGS, CONCLUSIONS, AND RECOMMENDATION
CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE
the Court is the plaintiff's sealed Motion for
Emergency Hearing, filed July 8, 2019 (doc. 8). Based on
the relevant filings and applicable law, the motion should be
2, 2019, Reshunn Chambers (Plaintiff) filed this action
against various governmental and private defendants alleging
that they have conspired to wrongfully withhold disability
monthly benefit payments to him for the last five years.
(doc. 3 at 4.) He asserts claims for discrimination,
wrongful termination of his social security benefits,
negligence, retaliation, defamation, slander, libel, and
adverse credit reporting. (Id. at 3-4.) After he
paid the filing fee on May 20, 2019, he was reminded by order
dated May 23, 2019, that he was responsible for serving each
defendant. (See doc. 5.) The docket does not reflect
that any defendant has been served, and none has appeared in
now seeks an emergency hearing and an order to the defendants
to deliver a check to him for past due benefits.
(See doc. 8.) His motion does not reflect service on
any defendant, and it is liberally construed as seeking a
temporary restraining order (TRO).
may obtain a TRO without notice to the other side if it
satisfies the necessary requirements, which are:
(A) specific facts in an affidavit or a verified complaint
clearly show that immediate and irreparable injury, loss, or
damage will result to the movant before the adverse party can
be heard in opposition; and
(B) the movant's attorney certifies in writing any
efforts made to give notice and the reasons why it should not
Fed. R. Civ. P. 65(b)(1). Here, the motion contains no
certification regarding any efforts to provide notice and the
reasons why it should not be required.
in order to obtain a TRO, a plaintiff “must show
entitlement to a preliminary injunction.” Mktg.
Investors Corp. v. New Millennium Bank, No.
3:11-CV-1696-D, 2011 WL 3157214, at *1 (N.D. Tex. July 26,
2011) (Fitzwater, C.J.) (citations omitted). A preliminary
injunction is “an extraordinary remedy that may only be
awarded upon a clear showing that the plaintiff is entitled
to such relief.” Winter v. Natural Res. Def.
Council, 555 U.S. 7, 24 (2008). To obtain a preliminary
injunction, the movant must establish that: (1) he is likely
to succeed on the merits; (2) he is likely to suffer
irreparable harm in the absence of preliminary relief; (3)
the balance of equities tips in his favor; and (4) an
injunction is in the public interest. Tex. Midstream Gas
Servs., LLC. v. City of Grand Prairie, 608 F.3d 200, 206
(5th Cir. 2010) (citation omitted). The party seeking the
preliminary injunction bears the burden of persuasion on all
four requirements. Bluefield Water Ass'n, Inc. v.
City of Starkville, Miss., 577 F.3d 250, 253 (5th Cir.
establish the first element of likelihood of success on the
merits, a “plaintiff must present a prima facie case
but need not show that he is certain to win.”
Janvey v. Alguire, 628 F.3d 164, 175 (5th Cir.
2010). The first element is assessed by looking at standards
provided by substantive law. Id. (citing Roho,
Inc. v. Marquis, 902 F.2d 356, 358 (5th Cir. 1990)).
Here, the plaintiff has not addressed any of the standards or
elements of each of his claims in an attempt to show a
likelihood of success on the merits. His brief and conclusory
statements in his purported sworn declaration are not
sufficient to show entitlement to preliminary injunctive
relief. He has failed to carry his burden of showing why a
temporary restraining order or a preliminary injunction
should issue in this case, and his motion should be
FOR SERVICE AND NOTICE OF RIGHT TO
of these findings, conclusions and recommendation shall be
served on all parties in the manner provided by law Any party
who objects to any part of these findings conclusions and
recommendation must file specific written objections within
14 days after being served with a copy See 28 USC
§ 636(b)(1); Fed R Civ P 72 b) In order to be specific
an objection must identify the specific finding or
recommendation to which objection is made state the basis for
the objection and specify the place in the magistrate
judge's findings conclusion and recommendation where the
disputed determination is found An objection that merely
incorporates by reference or refers to the briefing before
the magistrate judge is not specific Failure to file specific
written objections will bar the aggrieved party from
appealing the factual findings ...