Williams v. Allen et al

Filing 52

ORDERED that : (1) The 23 Objection to the Magistrate Judge Recommendations is OVERRULED: (2) The 21 and 22 Recommendations of the Magistrate Judge is ADOPTED, APPROVED, and AFFIRMED; (3) The 7 Motion to Certify the case as a class action is DENIED; (4) The 3 Motion for Preliminary Injunction is DENIED; (5) The Plaintiff Rule 60(b) Motion contained in the 23 Objection is DENIED as moot; and (6) This case is REFERRED back to the Magistrate Judge for additional proceedings. Signed by Honorable W. Harold Albritton, III on 8/31/2010. (cb, )

Williams v. Allen et al (INMATE 1)

Doc. 52

UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION

D A R R E L L WILLIAMS, #179642 P la in tiff, v. R IC H A R D ALLEN, et al., D e fe n d a n ts .

) ) ) ) CASE NO. 2:10-cv-657-ID ) (W O ) ) ) ) )

ORDER
T h is case is before the Court on two Recommendations of the Magistrate Judge (Docs. # 2 1 and #22) and the Plaintiff's Objection to the Magistrate Judge Recommendations (Doc. # 2 3 ). The Plaintiff's Objection includes a Rule 60(b) motion in response to an Order of the M a g is tra te Judge directing the Plaintiff to file an amended complaint (Doc. #20). After the P la in tiff filed his Objection and Rule 60(b) motion, the Magistrate Judge vacated its previous O rd e r for an amended complaint (Doc. #24). As a result, the Plaintiff's Rule 60(b) motion is due to be denied as moot. T h e re are two other motions filed by the plaintiff that are pending: a motion to certify th e case as a class action (Doc. #7), and a motion for a preliminary injunction (Doc. #3). The M a g istra te Judge has made recommendations regarding both motions. The Magistrate Judge re c o m m e n d s that the Plaintiff's motion to certify the case as a class action be denied. (Doc. # 2 1 ). The Magistrate Judge also recommends that the Plaintiff's Motion for a Preliminary

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Injunction be denied. (Doc. #22). The Court has made a de novo determination of those portions of the R e c o m m e n d a tio n s of the Magistrate Judge to which objection is made. d e te rm in a tio n , it is CONSIDERED and ORDERED that 1 . The Plaintiff's Objection to the Magistrate Judge Recommendations (Doc. #23) b e and the same is OVERRULED; 2 . The Recommendations of the Magistrate Judge (Docs. #21 and #22) be and the s a m e are hereby ADOPTED, APPROVED, and AFFIRMED; 3. The Plaintiff's motion to certify the case as a class action (Doc. #7) be and the s a m e is hereby DENIED; 4 . The Plaintiff's motion for a Preliminary Injunction (Doc. #3) be and the same is h e re b y DENIED; 5. The Plaintiff's Rule 60(b) motion contained in the Objection (Doc. #23) be and the s a m e is hereby DENIED as moot; and 6. This case be and the same is hereby REFERRED back to the Magistrate Judge for a d d itio n a l proceedings. Done this the 31st day of August, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE After this

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