McAteer v. Daniels, et al (INMATE 1)

Filing 13

ORDER directing that the 8 Objection is DENIED, and the 6 Recommendation is ADOPTED as follows: (1.) The motion for preliminary injunction filed by Plaintiff is DENIED, and (2.) The case is referred back to the Magistrate Judge for additional proceedings. Signed by Chief Judge William Keith Watkins on 8/24/11. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ROY LEE McATEER,
AIS # 147346,
Plaintiff,
v.
LEE POSEY DANIELS,
Defendant.

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CASE NO. 2:11-CV-0630-WKW

ORDER
On August 9, 2011, the Magistrate Judge filed a Recommendation in this case
(Doc. # 6), to which Plaintiff McAteer timely objected (Doc. # 8). The court has
conducted a de novo review of those portions of the Recommendation to which
objection is made. See 28 U.S.C. § 636(b)(1).
The Magistrate Judge recommended that Plaintiff McAteer’s motion for
preliminary injunction be denied for failure to bear his burden on the first three of the
four requisite elements for issuance of a preliminary objection. (Doc. # 6, at 3.)
Plaintiff McAteer objected, arguing that this finding was premature because no
discovery has been conducted in this matter. (Doc. # 8, at 1-2.) Plaintiff bears the
burden to demonstrate the existence of each of the prerequisites for issuance of a
preliminary injunction, and he has failed to carry that burden. Scott v. Roberts, 612

F.3d 1279, 1290 (11th Cir. 2010). The Objection also failed to show good cause why
expedited discovery should be conducted in this case. See, e.g., Qwest Commc’ns
Intern., Inc. v. WorldQuest Networks, Inc., 213 F.R.D. 418, 419 (D. Colo. 2003)
(listing cases).
Accordingly, it is ORDERED that the Objection is DENIED, and the
Recommendation is ADOPTED as follows:
1.

The motion for preliminary injunction filed by Plaintiff is DENIED, and

2.

The case is referred back to the Magistrate Judge for additional
proceedings.

DONE this 24th day of August, 2011.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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