Reaser v. McCovery (INMATE 2)

Filing 12

ORDERED as follows: 1) Plf's 8 Objection is OVERRULED; 2) The 7 Recommendation is ADOPTED; 3) Plf's 1 motion for preliminary injunction is DENIED; and 4) The matter is REFERRED to the Magistrate Judge for additional proceedings. Signed by Chief Judge William Keith Watkins on 3/14/2017. (wcl, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TERRANCE REASER, #265571, Plaintiff, v. LARRY MCCOVERY, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 2:16-CV-1005-WKW [WO] ORDER On January 31, 2017, the Magistrate Judge filed a Recommendation (Doc. # 7) to which Plaintiff timely filed objections (Docs. # 8.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objections are made, see 28 U.S.C. § 636(b)(1). In the Recommendation, the Magistrate Judge recommended the denial of Plaintiff’s motion for preliminary injunction (Doc. # 1), reasoning that Plaintiff had failed to show irreparable injury (Doc. # 7). Similarly, the Magistrate Judge found that Plaintiff’s failure to propose a remedy made it impossible to determine what burden an injunction would place on the Alabama Department of Corrections and whether such an injunction would be in the public interest. (Doc. # 7.) To the extent Plaintiff objects to these findings, his objection is without merit and is due to be overruled. (Doc. # 8.) Accordingly, it is ORDERED as follows: 1. Plaintiff’s objection (Doc. # 8) is OVERRULED; 2. The Recommendation (Doc. # 7) is ADOPTED; 3. Plaintiff’s motion for preliminary injunction (Doc. # 1) is DENIED; 4. The matter is REFERRED to the Magistrate Judge for additional and proceedings. DONE this 14th day of March, 2017. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?