Does a temporary restraining order need to be issued to prevent plaintiff from bringing this action because he is still waiting for a decision from the third level of appeal?

Here, plaintiff filed this action prior to the exhaustion of his administrative remedies. He specifically states that he is still waiting for a decision from the third level of appeal. While the defendant will ultimately have the burden of proof to show that plaintiff failed to exhaust his administrative remedies, it appears from plaintiff's acknowledgment that he failed to exhaust prior to bringing this action. See Albino v. Baca, 697 F.3d 1023 (9th Cir. 2012). Therefore, the likelihood is that this case will be dismissed for failure to exhaust. Thus, plaintiff has not shown a likelihood of success on the merits, and no temporary restraining order is warranted.