Plaintiff has no substantial likelihood of success on the merits. Plaintiff presents nothing but conjecture and subjective belief to substantiate the basis for her claims, citing, for example, opinion and doubt. See, e.g., Application for TRO 9, 20. Given that the underlying bases for Plaintiffs claim cannot succeed on the merits, there is no irreparable injury that Plaintiff can suffer. A review of Plaintiffs verified complaint shows that it presents speculation and vague claims that fail to rise to the requirement that it present specific facts ... [to] clearly show that immediate and irreparable injury, loss or damage will result .... See FED. R. Cry. P. 65(b). As an officer of the United States armed services, Plaintiff is aware that she could receive orders to compel her attendance to fulfill her military duties. Rhodes has received such orders, which are commensurate with the orders issued by commanding officers. Consequently, there is no irreparable injury for this Court to evaluate. Finally, Plaintiff presents no compelling argument that the issuance of a temporary restraining order would serve the public interest.
Conclusion
Plaintiffs application for a temporary restraining order is hereby DENIED.
It is so ORDERED.
SIGNED this 28th day ofAugust, 2009.
Thanks for the ping!
I’m not surprised.
And so it will continue because without the bc in hand, we can't get a judge to look into the case. What is it going to take to get Hussein to produce it for the court? I still say if they took the online COLB from his own website, videos of him saying Sr. was foreign born, a copy of "Dreams", and a copy of the constitutional POTUS requirements it would stand a better chance of being heard. There's no "conjecture and subjective belief" with those. At that time the court would have to determine if the COLB is a forgery and call for the long form.