IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

MEDFORD DIVISION 

In Re: 

JOSHUA MICHAEL POWELL, 

1:15-mc-00636-AA 

Claimant, 

ORDER 

AIKEN, Chief Judge: 

This matter comes before the Court on Claimant's Motion for a 

Temporary Restraining Order (TRO) (#2). Claimant seeks to enjoin 

the Jackson County Sheriff's Office from removing him from 

property that he is attempting to adversely possess. 

The standard for a temporary restraining order (TRO) is 

essentially identical to the standard for a preliminary 

injunction. See Stuhlbarg Intern. Sales Co., Inc. v. John D. 

Brush and Co., Inc., 240 F.3d 832, 839, n. 7 (9th Cir. 2001). 

~A plaintiff seeking a preliminary injunction must establish 

that he is likely to succeed on the merits, that he is likely to 

suffer irreparable harm in the absence of preliminary relief, that 

the balance of equities tips in his favor, and that an injunction 

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is in the public interest." Winter v. Nat. Res. Def. Council, 

Inc., 555 U.S. 7, 20 (2008). 

Further, a TRO may only be issued without notice to the 

adverse party if the moving party shows "specific facts in an 

affidavit or a verified complaint clearly show that immediate and 

irreparable injury, loss, or damage will result to the movant 

before the adverse party can be heard in opposition[,]" and "the 

movant's attorney certifies in writing any efforts made to give 

notice and the reasons why it should not be required." Fed. R. 

Civ. P. 65 (b) (1). 

As a final matter, the court may issue a temporary 

restraining order "only if the movant gives security in an amount 

that the court considers proper to pay the costs and damages 

sustained by any party found to have been wrongfully enjoined or 

restrained." Fed. R. Civ. P. 65(c). 

In this case, Claimant's filings indicate that he is 

attempting to claim real property by adverse possession. Claimant 

apparently initiated his attempted possession of the property on 

December 11, 2015, and was removed from the property by deputies 

of the Jackson County Sheriff's Office on December 12, 2015. 

Claimant seeks a temporary restraining order, apparently to 

prevent his removal from the property he is attempting to claim. 

It appears that Claimant is attempting to claim a foreclosed 

property, apparently on the basis that the foreclosing entity was 

the recipient of federal loans and that this fact somehow renders 

the property unclaimed. Claimant has not demonstrated a 

likelihood of success on the merits. Claimant does not allege 

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Case 1:15-mc-00636-AA Document 4 Filed 01/20/16 Page 2 of 3
that he will suffer irreparable harm in the absence of an 

injunction, nor does he allege that the balance of equities tips 

in his favor or that an injunction would be in the public 

interest. 

Accordingly, I conclude that Claimant has not met the 

requirements for the issuance of a temporary restraining order. 

Conclusion 

Claimant's Motion for a Temporary Restraining Order (#2) is 

DENIED. 

IT IS 

DATED this 

3 - ORDER 

:μary, 2016. 

ANN AIKEN 

CHIEF JUDGE 

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