West v. Gavins et al (INMATE 2)

Filing 61

ORDERED as follows: (1) The 55 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's 50 Motion for Preliminary Injunction is DENIED; and (3) This case is REFERRED back to the Magistrate Judge for all pretrial proceedings and entry of any other orders or recommendations as may be appropriate. Signed by Honorable William Keith Watkins on 4/7/2010. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J A M E S ROBERT WEST, JR., #110315, P la in tif f , v. B R Y A N K. GAVINS, COI, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) ) ) ) ORDER O n February 19, 2010, the Magistrate Judge filed a Recommendation in this case (Doc. # 55), to which no objections were filed.1 Upon independent review of the record, and u p o n consideration of the Recommendation, it is ORDERED as follows: (1 ) (2) (3 ) T h e Recommendation of the Magistrate Judge (Doc. # 55) is ADOPTED; P la in tif f 's Motion for a preliminary injunction (Doc. # 50) is DENIED 2 ; and T h is case is REFERRED back to the Magistrate Judge for all pretrial p r o c e e d in g s and entry of any other orders or recommendations as may be a p p ro p ria te .

C A S E NO. 2:07-CV-747-WKW

Mr. West filed two motions for extension of time to file objections. (Doc. # 56, 58.) The court granted both motions. (Docs. # 57, 59.) However, Mr. West failed to file any objections by the second extended deadline. Mr. West styled his motion for temporary restraining order and preliminary injunction to include a "motion for order to show cause." (Doc. # 50.) This motion is extraneous and does not request any relief separate or apart from the motion for preliminary injunction. Accordingly, Mr. West's "motion for order to show cause" (Doc. # 50) is DENIED.
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DONE this 7th day of April, 2010.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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