Bell et al v. Riley et al (INMATE 2)

Filing 42

MEMORANDUM OPINION AND ORDER that: (1) the plf's 41 objection to the 40 REPORT AND RECOMMENDATION of the Mag Judge is overruled; (2) the 40 report and recommendation of the Mag Judge is ADOPTED; (3) the 36 motion for preliminary injunction is DENIED; (4) this case is referred back to the Mag Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 7/29/11. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DARRIUS BRYANT BELL, #149992
Plaintiff,
v.
BOB RILEY, et al.,
Defendants.

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Case No. 2:09-cv-1076-MEF

(WO-DO NOT PUBLISH)

MEMORANDUM OPINION AND ORDER
Upon consideration of the Recommendation of the Magistrate Judge (Doc. # 40)
and the Plaintiff’s Objections to that recommendation (Doc. # 41), the Court does not
believe that the Plaintiff has met the criteria for obtaining a preliminary injunction.
Specifically, the Plaintiff has failed to demonstrate (1) a substantial likelihood of success
on the merits; (2) a substantial threat of irreparable injury; (3) that the threatened injury
outweighs the potential damage to the non-moving party; and (4) that the injunction
would not be adverse to the public interest. See Palmer v. Braun, 287 F.3d 1325, 1329
(11th Cir. 2002).
Accordingly, it is hereby ORDERED:
1. The plaintiff's objection (Doc. #41) to the Recommendation of the Magistrate
Judge filed on July 18, 2011 is overruled;

2. That the Recommendation of the Magistrate Judge (Doc. # 40) filed on June
30, 2011 is ADOPTED.

3. The motion for preliminary injunction (Doc. #36) filed by plaintiff is DENIED.
4. This case is referred back to the Magistrate Judge for additional proceedings.
th

Done this the 29 day of July, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE