Smith v. Campbell et al (INMATE 2)

Filing 5

REPORT AND RECOMMENDATIONS re 1 MOTION for Preliminary Injunction filed by Robert James Smith, it is the Recommendation of the Mag. Judge that: 1) Plaintiff's motion for a preliminary injunction 1 be denied; and this case be referred back to the undersigned for further proceedings. Objections to R&R due by 10/31/2005. Signed by Judge Delores R. Boyd on 10/17/05. (vma, )

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Smith v. Campbell et al (INMATE 2) Doc. 5 Case 2:05-cv-00975-WKW-TFM Document 5 Filed 10/17/2005 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT F OR THE MIDDLE DISTRICT OF ALABAMA N O R T H E RN DIVISION __________________________________ R O B E R T JAM E S SMITH, #153 533 Plaintiff, v. CO M M . DONAL CAM PB EL L, et al., * * * CIVIL ACTION NO. 2:05-CV-975-F (WO) * Defendants. * __________________________________ R E C O M M E N D A TI O N OF THE MAGISTRATE JUDGE P e n d i n g before the court is Plaintiff's request for preliminary injunctive relief. (Doc. N o . 1.) He seeks a preliminary injunction to enjoin Defendants from continuing to o v er cr ow d correctional institutions which leads to inadequate security. Upon consideration o f Plaintiff's motion for preliminary injunction, the court concludes that the motion is due t o be denied. D I SC U S S I O N A preliminary injunction is an extraordinary and drastic remedy which should not be g r a n te d unless the movant clearly carries the burden of persuasion as to all prerequisites. U n i t e d States v. Jefferson County, 720 F.2d 1511 (11th Cir. 1983). The four prerequisites w h i c h a movant must satisfy are as follows: (1) a substantial likelihood that the movant will ultima tely prevail on the merits, (2) a showing that the movant will suffer irreparable injury u n l e s s the injunction issues, (3) proof that the threatened injury to the movant outweighs the Case 2:05-cv-00975-WKW-TFM Document 5 Filed 10/17/2005 Page 2 of 3 damage the proposed injunction may cause the opposing party, and (4) a showing that the i n j u n c ti o n , if issued, will not be adverse to or harm the public interests. Cate v. Oldham, 707 F . 2 d 1176 (11th Cir. 1983); Shatel Corp. v. Mao Ta Lumber and Yacht Corp., 697 F.2d 1352 ( 1 1th Cir. 1983). The court has carefully reviewed Plaintiff's motion and concludes that Plaintiff has failed to demonstrate that he meets each of the prerequisites for the issuance of a preliminary injunction. CONCLUSION Ac cord ingly, it is the RECOMMENDATION of the Magistrate Judge that: 1 . Plaintiff's motion for a preliminary injunction (Doc. No. 1) be DENIED; and 2 . This case be referred back to the undersigned for further proceedings. It is further O R D E R E D that the parties are DIRECTED to file any objections to the R e c o m m e n d a t i o n on or before October 31, 2005. Any objections filed must specifically i d e n ti f y the findings in the Magistrate Judge's Recommendation objected to. Frivolous, c o n c l u s iv e or general objections will not be considered by the District Court. The parties are a d v i s e d that this Recommendation is not a final order of the court and, therefore, it is not a p p e a l a b le . Failu re to file written objections to the proposed findings and recommendations in the M agistrate Judge's report shall bar the party from a de novo determination by the District Cou rt of issues covered in the report and shall bar the party from attacking on appeal factual f i n d in g s in the report accepted or adopted by the District Court except upon grounds of plain Case 2:05-cv-00975-WKW-TFM Document 5 Filed 10/17/2005 Page 3 of 3 error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 th Cir. 1982). See Stein v . Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of P r i c h a r d , 661 F.2d 1206 (11th Cir. 1981, en banc), adopting as binding precedent all of the d e c i s io n s of the former Fifth Circuit handed down prior to the close of business on S e p t e m b e r 30, 1981. D o n e this 17th day of October 2005. / s / Delores R. Boyd D E L O R ES R. BOYD U N I TE D STATES MAGISTRATE JUDGE

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