REPORT AND RECOMMENDATION

SHIVA V. HODGES, Magistrate Judge.

This matter comes before the court on Petitioner's motion for a temporary restraining order ("TRO"). [ECF No. 21].1 Pursuant to Rule 65(b), Fed. R. Civ. P., the court may issue a TRO without notice to the opposing party where "specific facts in an affidavit or a verified complaint show that immediate or irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1). In addition, the moving party must certify in writing any efforts made to give notice and the reasons why it should not be required. Id. The purpose of a TRO is to avoid possible irreparable injury to a party pending litigation.

Petitioner has failed to meet the requirements of Fed. R. Civ. P. 65(b). Specifically, Petitioner failed to (1) submit an affidavit or verified complaint showing irreparable harm will result before Respondents can be heard in opposition or (2) certify in writing efforts to provide Respondents notice or provide reasons why notice should not be required. Therefore, the undersigned recommends Petitioner's motion for a TRO be denied.

IT IS SO RECOMMENDED.

The parties are directed to note the important information in the attached "Notice of Right to File Objections to Report and Recommendation."

Notice of Right to File Objections to Report and Recommendation

The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. "[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must `only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'" Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note).

Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); see Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:

Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).