Spencer v. Riley et al (INMATE 2)

Filing 35

MEMORANDUM OPINION AND ORDER that the 33 Recommendation of the Magistrate denying the 29 Motion for Preliminary Injunction is ADOPTED and the Plaintiff's 34 Objections are OVERRULED. Signed by Honorable Judge Mark E. Fuller on 7/29/2011. (Attachments: # 1 Civil Appeals Checklist)(br, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JAMES EDWARD SPENCER, #137970 Plaintiff, v. BOB RILEY, et al., Defendants. ) ) ) ) ) ) ) ) Case No. 2:09-cv-1089-MEF (WO-DO NOT PUBLISH) MEMORANDUM OPINION AND ORDER Upon consideration of the Recommendation of the Magistrate Judge (Doc. # 33) and the Plaintiff’s Objections to that recommendation (Doc. # 34), 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 that the Recommendation of the Magistrate is ADOPTED (Doc. # 33) and the Plaintiff’s Objections are OVERRULED (Doc. # 34). th Done this the 29 day of July, 2011. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

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