Cawthon v. Hemingway, et al. (INMATE 3)

Filing 70

OPINION AND ORDER: is ORDERED as follows: (1) Plaintiffs objections (doc. no. 69 ) are overruled. (2) The recommendation of the United States Magistrate Judge (doc. no. 31 ) is adopted. (3) The motion for preliminary injunction and/or protective order (doc. no. 1 ) is denied. It is further ORDERED that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 6/7/2016. (kh, )

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

DAVID A. CAWTHON,

)
)
Plaintiff,
)
)
v.
)
)
MELISSA HEMINGWAY, et al., )
sued in their
)
individual and official
)
capacities,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv429-MHT
(WO)

OPINION AND ORDER
The plaintiff, a federal prisoner, filed this case
under

the

Administrative

Procedures

Act,

5

U.S.C.

§§ 551-559, and Bivens v. Six Unknown Federal Narcotics
Agents, 403 U.S. 388 (1971), challenging the adequacy
of the Montgomery Federal Prison Camp’s law library,
and

specifically

Hemingway

to

treatise

series

the

decision

discard

the

and

to

take

of

defendant

American
away

Melissa

Jurisprudence

certain

electronic

typewriters with memory and replace them with simple

manual ones.

This case is before the court on the

recommendation of the United States Magistrate Judge
that

the

motion--incorporated

in

plaintiff’s

complaint--for preliminary injunction and/or protective
order be denied.

Also before the court are plaintiff’s

objections to the recommendation.

Upon an independent

and de novo review of the record, it is ORDERED as
follows:
(1) Plaintiff’s

objections

(doc.

no.

69)

are

overruled.
(2) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 31) is adopted.
(3) The motion for preliminary injunction and/or
protective order (doc. no. 1) is denied.
It is further ORDERED that this case is referred
back to the magistrate judge for further proceedings.
DONE, this the 7th day of June, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE