Adams

Filing 61

ORDER adopting 41 Report and Recommendations in its entirety; and denying 29 MOTION for Immediate Injunction and Mediation and for Appointment of Special Prosecutor filed by Dale B Adams. Signed by Honorable Jimm Larry Hendren on April 13, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION

DALE B. ADAMS v. TYSON FOODS, INC.,ET AL.
ORDER

PLAINTIFF Case No. 09-3054 DEFENDANTS

N O W on this 13th day of April 2010, comes on for consideration t h e Report and Recommendation of the Magistrate Judge (document #41) filed on March 8, 2010. The Court, being well and

s u f f i c i e n t l y advised, finds as follows: 1. T h e Report and Recommendation of the Magistrate Judge

( d o c u m e n t #41) was filed on March 8, 2010. 2. O n March 17, 2010, the plaintiff filed his Response to

R e p o r t & Recommendation: March 8, 2010 (document #49). 3. T h e plaintiff filed this employment discrimination case

p u r s u a n t to Title VII, the Age Discrimination in Employment Act ( A D E A ) , the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Sarbanes-Oxley Act, 42 U.S.C. § 1981, and the

A r k a n s a s Civil Rights Act. 4. The Report and Recommendation concerns plaintiff's

F e b r u a r y 22, 2010 request for injunctive relief.

The Report and

Recommendation sets forth the Dataphase factors which govern the issuance of temporary restraining orders and preliminary

i n j u n c t i o n s under Rule 65 of the Federal Rules of Civil Procedure; a n d , noting that neither the USDA nor any other government agencies

Adams seeks injunctive relief against are parties to Adams' instant lawsuit, recommends that the motion for preliminary injunction or t e m p o r a r y restraining order be denied. 5. In the plaintiff's response to the Report and

R e c o m m e n d a t i o n , he acknowledges that the instant lawsuit is not a g a i n s t the USDA or other government agencies. 6. T h e Court finds that Report and Recommendation should be,

a n d hereby is, adopted in its entirety, and that the plaintiff's m o t i o n for injunctive relief (document #29) is denied. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN U N I T E D STATES DISTRICT COURT

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