Binion et al v. The United States Department of Agriculture et al (MAG+)

Filing 68

OPINION AND ORDER: it is ORDERED as follows: 1) The 58 recommendation of the United States Magistrate Judge is adopted; 2) The 50 motion for preliminary injunction is denied without prejudice; 3) The 51 motion to set a hearing for prelimin ary injunction argument and limited discovery regarding the same matter is denied as moot; It is further ORDERED that this case is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 8/21/2020. (am, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ROBERT BINION and COREY
LEA,
Plaintiffs,
v.
THE UNITED STATES
DEPARTMENT OF AGRICULTURE
and SONNY PERDUE,
Secretary of Agriculture,
Defendants.

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CIVIL ACTION NO.
2:18cv544-MHT
(WO)

OPINION AND ORDER
This case is before the court on the recommendation
of the United States Magistrate Judge that plaintiffs’
motion

for

prejudice

preliminary
and

that

injunction

plaintiffs’

preliminary-injunction

hearing

be

denied

motion
and

for

discovery on the matter be denied as moot.
no

objections

to

the

recommendation.

to

without
set

a

limited
There are
Upon

an

independent and de novo review of the record, the court
concludes that the recommendation should be adopted.
Accordingly, it is ORDERED as follows:

(1) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 58) is adopted.
(2) The motion for preliminary injunction (doc. no.
50) is denied without prejudice.
(3) The motion to set a hearing for preliminary
injunction argument and limited discovery regarding the
same matter (doc. no. 51) is denied as moot.
It is further ORDERED that this case is referred
back to the United States Magistrate Judge for further
proceedings.
DONE, this the 21st day of August, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE