McFadden could be included among the Cowboys' inactives for the Week 7 matchup with the 49ers after starting running back Ezekiel Elliott was granted a temporary restraining order Tuesday for his six-game suspension, the Associated Press reports.

Since being handed the suspension during the preseason in August, Elliott has had the ban overturned twice by the courts, and it remains unlikely that the saga has concluded. However, the most recent legal decision at least tentatively puts Elliott on track to play Sunday against San Francisco, meaning that McFadden will likely miss out on an opportunity to earn his first snaps of 2017. With Elliott having suited up in all five of the Cowboys' games to date, Alfred Morris has acted as his primary backup, while the lone other running back on the roster, Rod Smith, has seen the bulk of his snaps on special teams. Since McFadden doesn't offer any value on the special-teams units, the Cowboys have little reason to keep him active as a third-string option when all of their other running backs are available.