McConico v. Cook et al

Filing 55

ORDER ADOPTING 38 REPORT AND RECOMMENDATION as set out. Plf's 32 MOTION for Leave to File Amended Complaint, 33 MOTION to Add Defendant Deputy Warden Monica McCoy & Mail Clerk Blakely, & 34 MOTION for Preliminary Injunction are DENIED as set out. 50 REPORT AND RECOMMENDATION is ADOPTED as set out. Plf's 39 MOTION for Leave to File Amended Complaint & 41 MOTION to Add Defendants are DENIED as set out. 52 REPORT AND RECOMMENDATION is ADOPTED as set out. Plf's 40 MOTION for Preliminary Injunction is DENIED as moot as set out. Signed by District Judge Terry F. Moorer on 11/17/21. (copy mailed to Plf on 11/17/21) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES MCCONICO, #117395,
Plaintiff,
vs.
MARY COOK, et al.,
Defendants.

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CIV. ACT. NO. 1:20-cv-314-TFM-N

MEMORANDUM OPINION AND ORDER
Pending before the Court are three separate Reports and Recommendations filed by the
Magistrate Judge. See Docs. 38, 50, 52. The Court will address each in turn.
On July 16, 2021, the Magistrate Judge entered a report and recommendation which
recommends Plaintiff’s Motion for Leave to File an Amended Complaint (Doc. 32), Motion to
Add Defendant Deputy Warden Monica McCoy and Mail Clerk Blakely (Doc. 33), and the Motion
for Preliminary Injunction (Doc. 34) be denied. See Doc. 38. Plaintiff filed objections on August
5, 2021 and supplemental objections on August 6, 2021. See Docs. 45, 46. Having reviewed the
objections, the Court finds they are without merit and therefore OVERRULED. Therefore, after
due and proper consideration of all portions of this file deemed relevant to the issues raised, and a
de novo determination of those portions of the recommendation to which objection is made, the
report and recommendation of the Magistrate Judge (Doc. 38) is ADOPTED as the opinion of the
Court. Accordingly, it is ORDERED that Plaintiff’s Motion for Leave to File an Amended
Complaint (Doc. 32), Motion to Add Defendant Deputy Warden Monica McCoy and Mail Clerk
Blakely (Doc. 33), and the Motion for Preliminary Injunction (Doc. 34) are all DENIED.
Next, on September 29, 2021, the Magistrate Judge entered a report and recommendation

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which recommends Plaintiff’s Motion for Leave to File Amended Complaint (Doc. 39) and Motion
to Add Defendants (Doc. 41) be denied. See Doc. 50. No objections were filed. Therefore, after
due and proper consideration of all portions of this file deemed relevant to the issues raised, and
there having been no objections filed, the report and recommendation of the Magistrate Judge
(Doc. 50) is ADOPTED as the opinion of the Court. Accordingly, it is ORDERED that Plaintiff’s
Motion for Leave to File an Amended Complaint (Doc. 39) and Motion to Add Defendants (Doc.
41) are DENIED.
Also on September 29, 2021, the Magistrate Judge entered a report and recommendation
that Plaintiff’s second Motion for Preliminary Injunction (Doc. 40) be denied as moot. See Doc.
52. No objections were filed. Therefore, after due and proper consideration of all portions of this
file deemed relevant to the issues raised, and there having been no objections filed, the report and
recommendation of the Magistrate Judge (Doc. 52) is ADOPTED as the opinion of the Court.
Accordingly, it is ORDERED that Plaintiff’s Motion for Preliminary Injunction (Doc. 40) is
DENIED as moot.
DONE and ORDERED this 17th day of November, 2021.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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