NEWMAN v.IZUEGBU, et al

Filing 66

ORDER DENYING A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re denying 49 Motion for TRO; adopting 61 Report and Recommendation. Signed by JUDGE ROBERT L HINKLE on 11/1/2015. (jcw)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
DENNY L. NEWMAN,
Plaintiff,
v.

CASE NO. 5:15cv102-RH/GRJ

MOSES IZUEGBU et al.,
Defendants.
_____________________________/
ORDER DENYING A TEMPORARY RESTRAINING
ORDER AND PRELIMINARY INJUNCTION
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 61, and the objections, ECF No. 65. I have reviewed
de novo the issues raised by the objections.
This order accepts the report and recommendation and adopts it as the
court’s opinion on these matters: the factual and procedural background; the proper
consideration of the plaintiff’s motion as a motion for a preliminary injunction
without separate consideration as a motion for a temporary restraining order; the
four-part test that governs the motion for a preliminary injunction; and one ground
for denying that motion—that the plaintiff has failed to show a substantial

Case No. 5:15cv102-RH/GRJ

Page 2 of 2

likelihood of success on the merits. The failure to make that showing makes it
unnecessary to consider the other three prerequisites to a preliminary injunction.
For these reasons,
IT IS ORDERED:
The report and recommendation is accepted. The amended motion for
temporary restraining order or preliminary injunction, ECF No. 49, is denied.
SO ORDERED on November 1, 2015.
s/Robert L. Hinkle
United States District Judge

Case No. 5:15cv102-RH/GRJ