GLADU v. MAGNUSSON et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NICHOLAS A. GLADU, 	)
)
Plaintiff, 	)
)
v. 	) 1:22-cv-00134-JDL
)
MATTHEW MAGNUSSON, et al., 	)
)
Defendants. 	)
ORDER ON PLAINTIFF GLADU’S MOTION FOR A TEMPORARY
RESTRAINING ORDER AND PRELIMINARY INJUNCTION
Plaintiff Nicholas A. Gladu has filed a Motion for Temporary Restraining
Order and Preliminary Injunction (ECF No. 13). 	The motion seeks to enjoin the
Defendants, several prison officials and the Commissioner of the Maine Department
of Corrections, “from prohibiting Plaintiff from possessing his books and magazines
which were confiscated on 03/31/2022 that had been in Plaintiff’s possession already
for up to one and a half years” and which contain male nudity. ECF No. 13 at 1.
The affidavit Gladu submitted in support of his motion and the verified
complaint do not “clearly show that immediate and irreparable injury, loss, or
damage will result to the movant before the adverse party can be heard in opposition.”
Fed. R. Civ. P. 65(b)(1)(A) (emphasis added). Further, the motion is not supported by
a certification in writing of the “efforts made to give notice and the reasons why it
should not be required.” Fed. R. Civ. P. 65(b)(1)(B). Because Gladu has not satisfied
the requirements of Rule 65(b)(1), his request for a temporary restraining order must
be denied.
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It is ORDERED that Gladu’s Motion for Temporary Restraining Order and
Preliminary Injunction (ECF No. 13) is DENIED IN PART to the extent that it seeks
a temporary restraining order. The Court takes no action with respect to the motion’s
request for a preliminary injunction, and the motion is referred to the assigned
Magistrate Judge for further proceedings.
SO ORDERED.
Dated: July 8, 2022
/s/ JON D. LEVY
CHIEF U.S. DISTRICT JUDGE
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