Filing 79

ORDER ADOPTING 73 Report and Recommendations and DENYING 67 Motion for TRO and DENYING 67 Motion for Preliminary Injunction. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 4/28/2014. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION LAMARCUS THOMAS Plaintiff, v. EDWARD HALE BURNSIDE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:13-CV-108 (MTT) ORDER Before the Court is Magistrate Judge Charles H. Weigle’s Recommendation (Doc. 73) to deny the Plaintiff’s motion for a preliminary injunction (Doc. 67). The Magistrate Judge recommends denying the motion because the Plaintiff has not met his burden to show a substantial likelihood of success on the merits or a substantial threat of irreparable injury. Additionally, the Magistrate Judge found the Plaintiff’s requested relief amounted, in part, to a broad instruction for the Defendants to obey the law, which runs afoul of Fed. R. Civ. P. 65(d). The Plaintiff has filed a “declaration for the order to show cause for a preliminary injunction temporary restraining order” (Doc. 77), which the Court construes as an objection to the Recommendation. The Plaintiff contends he has established the four prerequisites for a preliminary injunction. However, his declaration largely reiterates the arguments made in his original motion, along with conclusory statements that he will suffer irreparable harm. Thus, the Court concludes his objection is without merit. The Court has reviewed the Recommendation and the Plaintiff’s objection and has made a de novo determination of the portions of the Recommendation to which the Plaintiff objects. The Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation is ADOPTED and made the order of this Court. Accordingly, the Plaintiff’s motion for a preliminary injunction (Doc. 67) is DENIED. SO ORDERED, this 28th day of April, 2014. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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