Sutton v. Allen et al (INMATE 1)
ORDER as follows: 1. Mr. Sutton's objections (Doc. 72 , 76 , & 77 ) are OVERRULED; 2. The 63 Recommendation is ADOPTED; 3. Defendants' motions for summary judgment are GRANTED; 4. Mr. Sutton's 76 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED; and 5. This case is DISMISSED with prejudice. A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 2/18/2014. (dmn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
RICHARD ALLEN, et al.,
CASE NO. 2:11-CV-21-WKW
On January 3, 2014, the Magistrate Judge filed a Recommendation in this
case. (Doc. # 63.) On February 10 and 13, Plaintiff Ronald Sutton filed objections
and moved for a “temporary restraining order and preliminary injunction.” (Docs.
# 72, 76, 77.) The court has conducted an independent and de novo review of
those portions of the Recommendation to which the objections are made. See 28
U.S.C. § 636(b)(1). The court concludes that the objections are without merit and
that the Magistrate Judge’s Recommendation is due to be adopted. The court
further finds that Mr. Sutton fails to satisfy the requirements for obtaining a
temporary restraining order. See Parker v. State Bd. of Pardons & Paroles, 275
F.3d 1032, 1034–35 (11th Cir. 2001) (holding that a TRO requires a demonstration
that “there is a substantial likelihood of success on the merits”); see also Fed. R.
Civ. P. 65(b)(1). Likewise, there is no basis for any other injunctive relief.
Accordingly, it is ORDERED as follows:
Mr. Sutton’s objections (Doc. # 72, 76, & 77) are OVERRULED;
The Recommendation (Doc. # 63) is ADOPTED;
Defendants’ motions for summary judgment are GRANTED;
Mr. Sutton’s motion for a temporary restraining order and preliminary
injunction (Doc. # 76) is DENIED; and
This case is DISMISSED with prejudice.
A separate final judgment will be entered.
DONE this 18th day of February, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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