Brantley v. Cooks et al (INMATE 1)

Filing 151

OPINION AND ORDER: it is ORDERED that: (1) The 149 objections are overruled; (2) The 147 recommendation of the United States Magistrate Judge is adopted; (3) The 119 motion for preliminary injunction is denied; further ORDERED that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 11/23/2020. (wcl, )

Case 2:18-cv-00471-MHT-JTA Document 151 Filed 11/23/20 Page 1 of 2

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LEROME BRANTLEY,

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Plaintiff,
v.
OFFICER J. WHITTEN,
et al.,
Defendants.

CIVIL ACTION NO.
2:18cv471-MHT
(WO)

OPINION AND ORDER
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
prisoner,

filed

this

lawsuit

contending

that

correctional officers used excessive force against him,
failed to protect him from the excessive use of force,
and

improperly

injuries.
injunction

delayed

Plaintiff
seeking

retaliation.

medical

filed

medical

a

treatment

motion

care

and

for

for

his

preliminary

protection

from

This case is before the court on the

recommendation of the United States Magistrate Judge
that plaintiff’s motion for preliminary injunction be
denied.

Also

before

the

court

are

plaintiff’s

Case 2:18-cv-00471-MHT-JTA Document 151 Filed 11/23/20 Page 2 of 2

objections to the recommendation.

Upon an independent

and de novo review of the record, the court concludes
that

the

objections

recommendation

adopted

should

be

because

overruled
plaintiff

and

the

failed

to

establish each of the requisite elements necessary for
the issuance of preliminary injunctive relief.
Accordingly, it is ORDERED that:
(1) The objections (doc. no. 149) are overruled.
(2) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 147) is adopted.
(3) The motion for preliminary injunction (doc. no.
119) is denied.
It is further ORDERED that this case is referred
back to the magistrate judge for further proceedings.
DONE, this the 23rd day of November, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE