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

Filing 80

OPINION and ORDER (1) ADOPTING 79 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) the 30 Motion for Preliminary Injunction... and/or 30 Motion for Protective Order is denied as moot, as further set out in order; this case is referred back to the US Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 7/15/16. (Attachments: # 1 civil appeals checklist).(djy, )

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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 Pursuant to the Administrative Procedures Act, 5 U.S.C. §§ 551-559, and Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), plaintiff, a federal inmate, filed this lawsuit complaining about a denial of his right of meaningful access to the courts. He also filed in this case a “Motion for Preliminary Injunction ... and/or Protective Order” (doc. no. 30), seeking to stop the defendants from removing weightlifting equipment from the Federal Montgomery, Alabama, where he resides. now before the court on the Prison Camp in This lawsuit is recommendation of the United States Magistrate Judge that plaintiff’s motion be denied as moot. recommendation. review of the There are no objections to the After record, an the independent court and concludes de novo that the magistrate judge’s recommendation should be adopted. *** Accordingly, it is ORDERED that: (1) The magistrate judge’s recommendation (doc. no. 79) is adopted. (2) The “Motion for Preliminary Injunction ... and/or Protective Order” (doc. no. 30) is denied as moot. Contained within said motion is also an alternative "Motion for Temporary Restraining Order," which was denied by order entered on October 22, 2015 (doc. no. 31). This case is referred back to the United States Magistrate Judge for further proceedings. DONE, this the 15th day of July, 2016. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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