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, )

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