Williams v. Womble et al (INMATE 2)
Filing
32
ORDERED as follows: (1) Plf's 31 objection is OVERRULED; (2) The 25 Recommendation is ADOPTED; (3) Plf's 19 motion for a preliminary injunction is DENIED; and (4) The case is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 1/21/2016. (wcl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RONNIE V. WILLIAMS, #239426,
Plaintiff,
v.
JOSEPH WOMBLE, et al.,
Defendants.
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CASE NO. 2:15-CV-728-WKW
ORDER
On January 7, 2016, the Magistrate Judge filed a Recommendation
(Doc. # 25) to which Plaintiff filed an objection (Doc. # 31).
The court has
conducted an independent and de novo review of those portions of the
Recommendation to which objection is made, see 28 U.S.C. § 636(b), and finds
that the objection is without merit.1 Accordingly, it is ORDERED as follows:
(1)
Plaintiff’s objection (Doc. # 31) is OVERRULED;
(2)
The Recommendation (Doc. # 25) is ADOPTED;
(3)
Plaintiff’s motion for a preliminary injunction (Doc. # 19) is
DENIED; and
1
The objection references a potential appeal of the order denying Plaintiff’s motion for a
temporary restraining order (Doc. # 20). However, an order denying a temporary restraining
order is not appealable. See Mitsubishi Int’l Corp. v. Cardinal Textile Sales, Inc., 14 F.3d 1507,
1515 (11th Cir. 1994) (“Final judgments and collateral orders are appealable . . . but non-final
orders are not; preliminary injunctions are appealable but temporary restraining orders are not.”).
(4)
The case is REFERRED back to the Magistrate Judge for further
proceedings.
DONE this 21st day of January, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
2
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