FARRUGIA v. IVEY et al
ORDER ADOPTING as amended 12 Report and Recommendations and DENYING without prejudice 10 Motion for Preliminary Injunction. Farrugia's religious freedom and equal protection claims are allowed to proceed. Farrugia may refile his motion seeking injunctive relief if the Court resolves the question of exhaustion in his favor. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/13/2017. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
GEORGE IVEY, et al.,
CIVIL ACTION NO. 5:16-CV-128 (MTT)
Magistrate Judge Charles Weigle screened Plaintiff Farrugia’s amended
complaint (Doc. 9) under 28 U.S.C. § 1915A and recommends allowing Farrugia’s
claims to proceed. Doc. 12 at 7. In this Recommendation, the Magistrate Judge also
recommends denying Farrugia’s motion for preliminary injunction (Doc. 10), reasoning
that Farrugia failed to demonstrate a substantial likelihood of prevailing on the merits of
his claims. Id. No party objected.
The Court has reviewed the Magistrate Judge’s Recommendation for clear error
and, subject to the following amendment, adopts it.
The Defendants have filed a motion to dismiss, which is currently referred to
Magistrate Judge Weigle, asserting that Farrugia failed to exhaust his administrative
remedies. Doc. 17. This dispute is being briefed and is in discovery. See Docs. 23; 26.
In the Court’s discretion, it is premature to fully address Farrugia’s motion for injunctive
relief until the exhaustion issue is resolved. Cf. McDaniel v. Crosby, 194 F. App’x 610,
613-14 (11th Cir. 2006) (holding that district court did not abuse its discretion in denying
preliminary injunction because plaintiff had not shown exhaustion of administrative
remedies, and thus, likelihood of success on merits).
The Court accordingly ADOPTS the Recommendation as amended (Doc. 12);
Farrugia’s religious freedom and equal protection claims are allowed to proceed; and
Farrugia’s motion for injunctive relief (Doc. 10) is accordingly DENIED without
prejudice. Farrugia may refile his motion seeking injunctive relief if the Court resolves
the question of exhaustion in his favor.
SO ORDERED, this 13th day of February, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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