Summary: The Plaintiff filed a motion for a temporary restraining order against a correctional officer at the North Dakota State Penitentiary. The Court denied the motion, finding that the Plaintiff failed to meet his burden under Rule 65 of the Federal Rules of Civil Procedure and that not one of the Dataphase factors weighed in favor of a temporary restraining order.
Case Name: Burke v. ND Department of Correction & Rehabilitation
Case Number: 1-07-cv-04
Docket Number: 39
Date Filed: 4/28/08
Nature of Suit: 550
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Dale Joseph Burke,
North Dakota Department of Correction and Rehabilitation,
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) ) ORDER DENYING PLAINTIFF’S ) MOTION FOR TEMPORARY ) RESTRAINING ORDER ) ) Case No. 1:07-cv-04 ) ) ) ) |