Ross v. Hurse

Filing 12

RECOMMENDATION to deny 8 MOTION for Permanent Injunction/MOTION for Temporary Restraining Order filed by Milton Ross. Objections to R&R due by 5/14/2007. Ordered by Judge Claude W. Hicks Jr. on 4/24/07. (Hicks, Claude)

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Ross v. Hurse Doc. 12 Case 5:07-cv-00123-CAR-CWH Document 12 Filed 04/24/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MILTON ROSS, Plaintiff VS. Officer MIKE HURSE and Officer WOODSON, Defendants PROCEEDINGS UNDER 42 U.S.C. 1983 BEFORE THE U. S. MAGISTRATE JUDGE NO. 5:07-CV-123(CAR) RECOMMENDATION ON MOTION FOR INJUNCTIVE RELIEF Plaintiff MILTON ROSS has filed a MOTION FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION. Tab #8. Plaintiff requests that the Court order prison officials to refrain from retaliation and the use of excessive force; and order prison officials to protect him from other inmates. Injunctive relief will not issue unless the complained of conduct is imminent and no other relief or compensation is available. Cunningham v. Adams, 808 F.2d 815, 821 (11th Cir. 1987). A temporary restraining order or a preliminary injunction is a drastic remedy used primarily for maintaining the status quo of the parties. Cate v. Oldham, 707 F.2d 1176, 1185 (11th Cir. 1983). After a careful review of plaintiff's motions for injunctive relief in light of the requirements set forth in Southern Monorail Co. v. Robbins & Myers, 666 F.2d 185, 186 (11th Cir. 1982), it is the opinion of the undersigned that plaintiff has not met the prerequisites for the issuance of a temporary restraining order or preliminary injunction. Accordingly, IT IS RECOMMENDED that plaintiff's motion be DENIED. Case 5:07-cv-00123-CAR-CWH Document 12 Filed 04/24/2007 Page 2 of 2 Pursuant to 28 U.S.C. 636(b)(1), the plaintiff may file written objections to this RECOMMENDATION with the Clerk of court directed to the district judge assigned to this case, WITHIN TEN (10) DAYS after being served with a copy thereof. SO RECOMMENDED, this 24th day of APRIL, 2007. CLAUDE W. HICKS, JR. UNITED STATES MAGISTRATE JUDGE

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