Traywick v. Thomas et al (INMATE 2)

Filing 91

OPINION AND ORDER: it is ORDERED that: (1) Plf's 87 & 90 objections are overruled; (2) The 86 recommendation of the United States Magistrate Judge is adopted to the extent discussed above; (3) The 78 motion for preliminary injunction is denied; further ORDERED that this case is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 8/18/2016. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KENNETH S. TRAYWICK, ) ) ) ) ) ) ) ) ) Plaintiff, v. KIM THOMAS, et al., Defendants. CIVIL ACTION NO. 2:15cv372-MHT (WO) OPINION AND ORDER The plaintiff, a state prisoner, filed a motion for preliminary injunction seeking to prevent defendants from denying him prompt and adequate medical care for his serious medical needs, which he contends caused by correctional officers assaulting him. were This case is before the court on the recommendation of the United States Magistrate motion for preliminary before the court recommendation. of the record, are Judge that injunction plaintiff’s the be plaintiff’s denied. objections Also to the Upon an independent and de novo review the court is of the opinion that plaintiff’s objections should be overruled and the recommendation adopted on the ground that plaintiff has not shown a likelihood of success on the merits of his claim. The court does not adopt the portion of the recommendation concluding that part of plaintiff’s request for relief is moot. * * * Accordingly, it is ORDERED that: (1) Plaintiff’s objections (doc. nos. 87 & 90) are overruled. (2) The recommendation of the United States Magistrate Judge (doc. no. 86) is adopted to the extent discussed above. (3) The motion for preliminary injunction (doc. no. 78) is denied. It is further ORDERED that this case is referred back to the United States Magistrate Judge for further proceedings. DONE, this the 18th day of August, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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