Hunter v. Harris et al

Filing 76

ORDER APPROVING AND ADOPTING 74 Non-Final Report and Recommendations and DENYING WITHOUT PREJUDICE 61 / 62 Motions for Preliminary Injunction. Signed by Judge Mark H. Cohen on 5/25/2017. (jkl)

IN T H E UNITED STATES D I S T R I C T COURT
F O R T H E NORTHERN D I S T R I C T O F G E O R G I A
ATLANTA DIVISION

JOHN HUNTER,

PRISONER C I V I L RIGHTS
42 U.S.C. § 1983

Plaintiff,
V.

M. HARRIS, et al

C I V I L ACTION F I L E
NO. l:15-CV-3386-MHC-AJB

Defendants.
ORDER
The matter is before the Court on Magistrate Judge Alan J. Baverman's
Non-Final Report and Recommendation [Doc. 74] ("R&R"), which recommends
that Plaintiffs motion for preliminary injunction [Docs. 61, 62] be denied without
prejudice. The Order for Service of the R&R [Doc. 75] provided notice that, in
accordance with 28 U.S.C. § 636(b)(1), the parties were authorized to file
objections within fourteen (14) days of the receipt of that Order. No objections
have been filed to the report and recommendation. Absent objection, the district
court judge "may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge," 28 U.S.C. § 636(b)(1), and "need
only satisfy itself that there is no clear error on the face of the record" in order to

accept the recommendation. FED. R. Civ. P. 72(b), advisory committee's note to
1983 amendment. The Coml has reviewed the R&R and finds no clear error and
that the R&R is supported by law.
The Court APPROVES AND ADOPTS the Non-Final Report and
Recommendation [Doc. 74] as the as the Opinion and Order of the Court.
It is hereby ORDERED that Defendant's motion for preliminary injunction
[Docs. 61, 62] be DENIED WITHOUT PREJUDICE.
The Clerk is directed to re-submit this matter to the Magistrate Judge for
further proceedings.
IT IS SO ORDERED this 25th day of May, 2017.

MARIC H. COJJEN
United States District Judge

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