ALLEN v. COMMISSIONER et al
ORDER ADOPTING 6 Report and Recommendations and DENYING 3 Motion for Preliminary Injunction. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/8/2018. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
CHAD ASHLEY ALLEN,
GREGORY DOZIER, et al.,
CASE NO. 5:17-CV-207(MTT)
United States Magistrate Judge Stephen Hyles recommends denying the
Plaintiff’s motion for a preliminary injunction (Doc. 3) because the Plaintiff has failed to
satisfy the necessary prerequisites for the issuance of preliminary injunctions. Doc. 6.1
The Plaintiff has objected and has recast his complaint. Docs. 11; 12. Pursuant to 28
U.S.C. § 636(b)(1), the Court has considered the Plaintiff’s objection and made a de
novo determination of the portions of the Recommendation to which he objects.
The Court has reviewed the Recommendation, and the Court accepts and adopts
the findings, conclusions, and recommendations of the Magistrate Judge. As explained
by Magistrate Judge Weigle, the Plaintiff has now amended his complaint to state
claims sufficient to survive a preliminary review under the PLRA, including violation of
his First Amendment rights. Doc. 14 at 9-10. But he has still failed to establish the
necessary prerequisites to merit the “drastic and extraordinary remedy” of preliminary
injunctive relief; in particular, the Plaintiff’s amended complaint fails to carry the burden
The case has since been reassigned to United States Magistrate Judge Charles H. Weigle. Doc. 13.
of persuasion that he has a “substantial likelihood of success on the merits.” See Doc.
6 at 5-6 (Magistrate Judge Hyles explaining that the Plaintiff has failed to show a
“substantial likelihood of success on the merits” as required by Eleventh Circuit case
law). Accordingly, the Recommendation (Doc. 6) is ADOPTED and made the order of
this Court, and the Plaintiff’s motion (Doc. 3) is DENIED.
SO ORDERED, this 8th day of January, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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