DIMANCHE v. BROWN

Filing 51

ORDER ADOPTING 15 REPORT AND RECOMMENDATION; denying 3 MOTION for Temporary Injunction. Signed by SENIOR JUDGE STEPHAN P MICKLE on 3/27/2012. This case is remanded for further proceedings. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION MOLIERE DIMANCHE, JR., Plaintiff, vs. CASE NO.: 4:11-CV-533-SPM/WCS JERRY BROWN, et al. Defendants. ___________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the Court for consideration of the Magistrate Judge’s Report and Recommendation (doc. 15). Plaintiff filed objections (doc. 43). Pursuant to Title 28, United States Code, Section 636(b)(1) and despite Plaintiff’s objections, I find that the Report and Recommendation is correct and should be adopted. The motion for a temporary injunction fails to demonstrate a substantial threat to Plaintiff if he remains at his current facility Accordingly, it is ORDERED and ADJUDGED: 1. The Magistrate Judge’s Report and Recommendation (doc. 15) is adopted and incorporated by reference into this order. 2. The Motion for Temporary Injunction (doc. 3) is denied. 3. This case is remanded for further proceedings. DONE AND ORDERED this 27th day of March, 2012. S/ Stephan P. Mickle Stephan P. Mickle Senior United States District Judge 2

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