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, )
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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