Killingsworth v. Thomas et al

Filing 33

ORDER -re: Motion for TRO. The Court is of the opinion that the magistrate judge's report 21 is due to be and is hereby ADOPTED and the recommendation is ACCPTED. Pltf's Motion for TRO is DENIED. Signed by Judge Robert B Propst on 7/23/2014. (AVC)

FILED
2014 Jul-23 AM 08:50
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
TERRY KILLINGSWORTH,
Plaintiff
vs.
WARDEN WILLIE THOMAS,
et al.,
Defendants

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Case No. 7:13-cv-02186-RBP-HGD

ORDER
Plaintiff filed a Motion for Temporary Restraining Order and was permitted to
add additional allegations thereto. (Docs. 10 & 16). The magistrate judge filed a
report and recommendation on May 16, 2014, recommending that plaintiff’s Motion
for Temporary Restraining Order be denied. (Doc. 21). The plaintiff filed objections
to the report and recommendation on May 29, 2014. (Doc. 24).1

1

On June 11, 2014, plaintiff filed a “Motion to Clarify Facts of Pleadings and Motion to
Direct Clerk for Production” in which he alleged that the magistrate judge’s report and
recommendation erroneously listed the dated he was assaulted as April 19, 2013, when he was
actually assaulted on April 9, 2013. (Doc. 28). Plaintiff’s motion to clarify the date is construed as
an objection to correct a factual error in the report and recommendation. Nonetheless, the exact date
of the assault does not alter the material facts and legal conclusions in the report and
recommendation. Plaintiff’s motion to direct clerk for production is REFERRED to the magistrate
judge.
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Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and the objections thereto, the Court
is of the opinion that the magistrate judge’s report is due to be and is hereby
ADOPTED and the recommendation is ACCEPTED. Accordingly, plaintiff’s Motion
for Temporary Restraining Order (Docs. 10 & 16) is DENIED.
The Clerk is DIRECTED to TERM Docs. 10 & 16.
The Clerk is FURTHER DIRECTED to send a copy of this Order to plaintiff
and counsel for the defendants.
DONE this 23rd day of July, 2014.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE

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