SMITH v. HUMPHREY et al

Filing 76

ORDER ADOPTING 71 Report and Recommendations and DENYING 62 Motion for Preliminary Injunction. Ordered by Judge Marc Thomas Treadwell on 9/24/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

LESTER J. SMITH,
Plaintiff,
v.
CARL HUMPHREY et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-15 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 71). In a “Motion for Imminent Danger,” the
Plaintiff has moved for a preliminary injunction, stating that he has been diagnosed with
“a serious medical need of hep-c” and asking the Court to order treatment by an outside
medical agency. (Doc. 62). The Magistrate Judge recommends that the Plaintiff’s
motion be denied because the Plaintiff has failed to show that he will suffer irreparable
harm absent injunctive relief. Specifically, the Plaintiff has broadly alleged lack of
medical care but has not presented any specific evidence of actual harm that has
resulted.
The Plaintiff filed an Objection to the Magistrate Judge’s recommendation. (Doc.
72). However, he still does not state with any specificity the irreparable harm he will
suffer without injunctive relief. He does not allege any worsening symptoms or even ill
effects that the disease is causing him to experience. Therefore, after considering the

Plaintiff’s objection and conducting a de novo review of the portions of the
Recommendation to which he objects, the Recommendation is adopted and made an
order of this Court.
The Plaintiff’s motion for preliminary injunction is DENIED.
SO ORDERED, this 24th day of September, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT