Gov. Rick Perry has lost the first round in a legal battle to get his name on the Virginia primary ballot. This afternoon, a federal judge in Richmond denied Perry’s request for a restraining order to stop the printing of the ballots.

Perry’s name was omitted after his campaign failed to gather the 10-thousand signatures required by Virginia law to land on the ballot. Perry sued, claiming the requirement violates his constitutional rights.

He tried to get a temporary restraining order to stop Virginia election officials from printing or distributing the ballots. The judge denied that restraining order, but didn’t rule on whether Perry’s rights were violated.

The next hearing on the case is scheduled for January 13.

Governor Perry isn’t the only Republican Presidential Candidate who’s name is missing from the Virginia ballot. Newt Gingrich also failed to collect the 10-thousand signatures necessary.

Right now, just Mitt Romney and Rep. Ron Paul are the only candidates who met the requirements to be on the primary ballot.