Harris v. Yelder (INMATE 2)

Filing 17

ORDER that the court SUSTAINS the 12 & 13 Objections and REJECTS the 11 Recommendation of the Magistrate Judge, which was entered before the Plf's allegations of intimidation; ORDERED as follows: 1) The 12 & 13 Motion for Temporary Res training Order is DENIED; 2) This case is returned to the Magistrate Judge to consider Docs. # 10 , # 12 and # 13 , together with Doc. # 14 , being a Motion to Amend, as a Motion for Preliminary Injunction, and to enter a Report and Recommendation as to same. Signed by Honorable Judge W. Harold Albritton, III on 2/26/2014. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

FREDRICK HARRIS, #202 390,
Plaintiff,
vs.
OFFICER YELDER,
Defendant.

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CASE NO. 2:13cv-843-WHA
(wo)

ORDER
This case is before the court on the Plaintiff’s Motion to Dismiss Without Prejudice (Doc.
#10), filed on January 3, 2014, and the Recommendation of the Magistrate Judge that Plaintiff’s
motion be granted (Doc. #11), entered on January 14, 2014. On January 23, 2014, the Plaintiff
filed Doc. #12, in which he alleged that his earlier Motion to Dismiss his Complaint was filed as
a result of intimidation. The court treats this document, together with a Notice (Doc. #13), filed
by the Plaintiff on February 3, 2014, as objections to the Recommendation of the Magistrate
Judge. Doing so, the court SUSTAINS the objections and REJECTS the Recommendation of the
Magistrate Judge, which was entered before the Plaintiff’s allegations of intimidation.

The court also treats Docs. #12 and #13 as a Motion for Temporary Restraining Order,
and doing so, it is hereby ORDERED as follows:
1. The Motion for Temporary Restraining Order is DENIED.

2. This case is returned to the Magistrate Judge to consider Docs. #10, #12 and #13,
together with Doc. #14, being a Motion to Amend, as a Motion for Preliminary Injunction, and to
enter a Report and Recommendation as to same.
DONE this 26th day of February, 2014.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE