Pinder v. McDowell et al

Filing 9

ORDER ADOPTING 6 PARTIAL REPORT AND RECOMMENDATIONS. Plaintiff's 4 Motion for Preliminary Injunctive Relief is DENIED, without prejudice. Signed by Judge James M. Moody Jr. on 10/6/2014. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION STEVEN PINDER ADC #123397 V. PLAINTIFF CASE NO. 5:14-CV-359 JM/BD ALVA GREEN McDOWELL, et al. DEFENDANTS ORDER The Court has received a Partial Recommended Disposition (“Recommendation”) from Magistrate Judge Beth Deere. After careful review of the Recommendation, Mr. Pinder’s timely objections, as well as a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. Mr. Pinder states in his objections that he will suffer loss of vision and pain if the Defendants continue to deny him his medication. However, Mr. Pinder’s “bare allegations are not sufficient to establish the threat of irreparable harm.” Packard Elevator v. I.C.C., 782 F.2d 112, 115(8th Cir. 1996). “A plaintiff seeking an injunction must show that harm has occurred in the past and is likely to occur again or that harm is certain to occur in the near future.” Id. Mr. Pinder’s motion for preliminary injunctive relief (docket entry #4) is DENIED, without prejudice, this 6th day of October, 2014. _______________________________ UNITED STATES DISTRICT JUDGE

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