Paddock v. Dixon

CourtDistrict Court, D. Idaho
DecidedDecember 30, 2021
Docket1:21-cv-00493
StatusUnknown

This text of Paddock v. Dixon (Paddock v. Dixon) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paddock v. Dixon, (D. Idaho 2021).

Opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

SHALYNN F. PADDOCK, Case No. 1:21-cv-00493-DCN Plaintiff, MEMORANDUM DECISION AND v. ORDER

BRIANNA DIXON et al,

Defendants.

I. INTRODUCTION Pending before the Court is Plaintiff Shalynn Paddock’s Motion for Federal Injunctive Relief. Dkt. 3. Having reviewed the record and briefs, the Court finds that the facts and legal arguments are adequately presented. Accordingly, in the interest of avoiding further delay, and because the Court finds that the decisional process would not be significantly aided by oral argument, the Court will decide the Motion without oral argument. Dist. Idaho Loc. Civ. R. 7.1(d)(1)(B). Upon review, and for the reasons explained below, the Court DENIES Paddock’s Motion. II. BACKGROUND Paddock filed the instant suit on December 10, 2021. Dkt. 1. Broadly speaking, Paddock brings various civil rights claims against certain private citizens, two Idaho State Court Magistrate Judges, and numerous unknown “John Does” based upon actions each has taken, is taking, or shortly will be taking, in various custody proceedings to which she is a party. See generally id. In short, these allegations appear to be part of an ongoing dispute between Paddock and one (or more) other individuals who have legal custody of

Paddock’s various minor children. Paddock contends the private individual defendants are violating her privacy rights and her rights of “familial association” by making false allegations against her and meddling in her custody proceedings. Id. at 22. Paddock further asserts that these private individuals, along with the two Magistrate Judges, are violating her First, Fifth, and Fourteenth Amendment rights as part of the ongoing state-court custody proceedings. Id.1

Upon filing, this case was assigned to United States Magistrate Judge Raymond E. Patricco. Summonses were issued on December 13, 2021 (Dkt. 2) and served (except as to Defendant Angela Sasser) on December 15, 2021 (Dkt. 4). To date, no Defendant has appeared. On December 16, 2021, Paddock filed a motion entitled “Motion for Federal

Injunctive Relief.” Dkt. 3. In this Motion, Paddock references Federal Rule of Civil Procedure 65(a) and requests that the Court “stay” certain state court proceedings. Id. at 1, 4. Paddock also contends the Court should: 1) prohibit three of the defendants from “report[ing] to the authorities in bad faith concerning [her] children;” 2) dismiss or move various state court proceedings “to another county [] under a fair and equitable judge;” and

3) return one of her children to her custody pending the outcome of this lawsuit. Id. at 4.

1 The Court notes that Paddock brought a lawsuit similar to the present case some years ago. In Case No. 1:18-cv-00005, Paddock sued various defendants (some of whom are named in this suit) alleging claims similar to those at issue here. The various defendants in that case moved for dismissal. On referral, United States Magistrate Judge Candy W. Dale recommended that each motion to dismiss be granted. The undersigned adopted Judge Dale’s report and dismissed the case. In reviewing the instant motion, Judge Patricco first noted that while Paddock referenced Rule 65(a) on the face of her pleadings (dealing with preliminary injunctions),

there was no evidence Paddock served the Motion on any Defendant. Without this required service and/or notice, an injunction cannot issue. See Fed. R. Civ. P. 65(a)(1) (“The court may issue a preliminary injunction only on notice to the adverse party.”) (emphasis added). Judge Patricco also noted, however, that Paddock referenced an upcoming January 5, 2022, state court proceeding, and asserted that she “has sustained and will sustain irreparable injury due to the pending State of Idaho Civil Judicial Proceedings concerning her children

E.B. and M.B. if this stay is denied.” Dkt. 3, at 4. In light of this language, Judge Patricco found that: [T]o the extent these allegations implicate FRCP 65(b) (dealing with temporary restraining orders and not requiring notice to the adverse party if, inter alia, “immediate and irreparable injury . . . will result to the movant before the adverse party can be heard in opposition . . . .”), the undersigned is without jurisdiction pursuant to 28 U.S.C. § 636(b)(1)(A).

Dkt. 5, at 1–2. Assuming for the sake of argument that Paddock’s request fell under subsection (b), Judge Patricco directed the Clerk of the Court to reassign the case to a United States District Judge since not all parties had consented to proceed before him. Id. at 2. In conclusion, Judge Patricco noted that the District Judge who received this case should consider the pending emergency motion “alongside the potential application of abstention principles, the Rooker-Feldman doctrine, the Anti-Injunction Act, 28 U.S.C. § 2283, and/or relevant immunities.” Id. Thereafter, this case was reassigned to the undersigned judge on December 29, 2021. /// III. LEGAL STANDARD In deciding whether to grant a motion for a temporary restraining order, courts look

to substantially the same factors that apply to a court’s decision on whether to issue a preliminary injunction. Edwards v. Kuersten, 2021 WL 5298866, at *2 (E.D. Cal. Nov. 15, 2021). 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. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). A plaintiff seeking a preliminary injunction must show (1) that he or she is likely to succeed on the merits; (2) he or she is likely to suffer

irreparable harm in the absence of preliminary relief; (3) the balance of the equities tips in his or her favor; and (4) an injunction is in the public interest. Id. at 20. In the Ninth Circuit, courts may apply an alternative “serious questions” test, which allows for a preliminary injunction where a plaintiff shows that “serious questions going to the merits” were raised and the balance of hardships tips sharply in plaintiff's favor,

assuming the other two elements of the Winter test are also met. Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131-32 (9th Cir. 2011). This formulation applies a sliding scale approach where a stronger showing of one element may offset a weaker showing in another element. Id. at 1131. Nevertheless, the party requesting a preliminary injunction must carry its burden of persuasion by making a “clear showing” with respect

to the four elements set forth above. Lopez v. Brewer, 680 F.3d 1068, 1072 (9th Cir. 2012). IV. ANALYSIS As Judge Patricco aptly noted, it does not appear Paddock has complied with certain procedural aspects of Rule 65(a)—namely service. Whether by mistake or design, that failure renders Paddock’s request under subsection (a) moot until such time as she can provide proof that Defendants have been served with the motion and/or are otherwise on

notice of her request.

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Paddock v. Dixon, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paddock-v-dixon-idd-2021.