Alghusain v. Nemeth
- Beth Freeman
- 5:20-cv-05175
- U.S. District Court · Northern District of California
- 2
In Alghusain v. Nemeth, Judge Freeman denied Alghusain’s request for a preliminary injunction allowing entry into Ohio without arrest.
Ameer Alghusain’s request for permission to enter Ohio without fear of arrest was denied; the opinion refers to certain defendants but does not identify any further effect on them.
What happened
In Alghusain v. Nemeth, pro se plaintiff Ameer Alghusain asked the court for permission to enter Ohio without fear of being arrested by certain defendants.
The court treated the request as a request for a preliminary injunction, an emergency court order. It found that Alghusain provided no evidence describing the alleged order keeping him out of Ohio, supporting the requested relief, or showing legal authority for the court to block a state order of unknown content.
Judge Beth Labson Freeman denied the motion.
The detailed version
- Alghusain v. Nemeth · No. 5:20-cv-05175
- Beth Freeman
- Dec. 28, 2020
Background
Pro se plaintiff Ameer Alghusain moved for permission to enter the state of Ohio without fear of being arrested by certain defendants. The court construed the motion as a request for a preliminary injunction, an extraordinary court order issued before final judgment to prevent a threatened harm or preserve the situation while a case proceeds.
Legal standard
The court explained that preliminary injunctive relief is not awarded automatically. The person seeking it must show that he is likely to succeed on the merits, likely to suffer harm that cannot be repaired without preliminary relief, that the balance of hardships favors him, and that an injunction would serve the public interest.
Ruling
The court found that Alghusain provided no evidence or indication of the nature of the alleged order requiring him to stay out of Ohio. He also provided no evidence or legal support for the requested relief and no authority allowing the court to block a state order whose description was unknown. Judge Beth Labson Freeman therefore denied the motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.