Duncan v. Dunn et al (INMATE 1)

Filing 173

OPINION AND ORDER: It is ORDERED that: (1) Plaintiff's objections (doc. nos. 103 & 111 ) are overruled. (2) The United States Magistrate Judge's 102 Recommendation is adopted. (3) Plaintiff's 25 Motion for a Preliminary Injunction is denied. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/29/2016. (dmn, )

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

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Plaintiff,
v.
JEFFERSON S. DUNN,
A.D.O.C. Commissioner,
et al.,
Defendants.

CIVIL ACTION NO.
2:16cv191-MHT
(WO)

OPINION AND ORDER
Plaintiff, a state prisoner, filed a motion for
preliminary injunction seeking to be transferred from
Easterling

Correctional

custody

a

in

different

Facility
facility,

access to litigation materials.

into
and

protective

also

seeking

This case is before

the court on the recommendation of the United States
Magistrate
preliminary

Judge

that

injunction

be

plaintiff’s
denied.

Also

motion
before

for
the

court are plaintiff’s objections to the recommendation.
Upon an independent and de novo review of the record,
the court concludes that plaintiff’s objections should

be overruled and the magistrate judge’s recommendation
adopted.
***
Accordingly, it is ORDERED that:
(1) Plaintiff’s objections (doc. nos. 103 & 111)
are overruled.
(2) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 102) is adopted.
(3) Plaintiff’s motion for a preliminary injunction
(doc. no. 25) is denied.
This case is referred back to the magistrate judge
for further proceedings.
DONE, this the 29th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE