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)

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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 -2-

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