Davilla v. Watts et al

Filing 8

ORDER ADOPTING the Magistrate Judges 5 Report and Recommendation. Accordingly, Davilla's Objections are OVERRULED. Plaintiff's claims for monetary damages against Defendants in their official capacities, Bivens claims for punitive and compensatory damages, RFRA claims for monetary damages, and Eighth Amendment claims are DISMISSED. In addition, Plaintiff's request for preliminary injunctive relief is DENIED. However, Plaintiff's Bivens claims under the Religious Freedom Restoration Act ("RFRA") against Defendants Harrell Watts, Raymond E. Holt, D. Edge, John V. Flournoy, Ken Harris, and Sam Kirchoff remain pending. Signed by Chief Judge Lisa G. Wood on 6/17/2016. (csr)

3n the initeb 'tate flitritt Court
for tbe boutbern flttrict of deoria
runMuitk fltbtion
ANTHONY DAVILLA,
Plaintiff,
VM

HARRELL WATTS; RAYMOND E. HOLT;
D. EDGE; JOHN V. FLOURNOY; KEN
HARRIS, JR.; and SAM KIRCHOFF,
Defendants.

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CIVIL ACTION NO.: 2:15-cv-171

ORDER
Presently before the Court are Plaintiff Anthony Davilla's
("Davilla") Objections to the Magistrate Judge's Report and
Recommendation dated April 28, 2016. Dkt. No. 7. In his
Objections, Davilla objects solely to the Magistrate Judge's
Recommendation that the Court deny his request for a preliminary
injunction.' Id. at p. 1. However, Davilla fails to set forth
any assertion showing that he is entitled to the requested
relief. Specifically, Davilla's assertion that the Court has
previously granted other plaintiffs preliminary injunctive
relief fails to adequately respond to the Magistrate Judge's

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Davilla states that he wishes to preserve his challenge of the
Court's dismissal of his claims for monetary damages for appellate
review. Dkt. No. 7, p. 1.
AO 72A
(Rev. 8/82)

finding that Davilla has not shown a likelihood of success on
the merits of his claims.
Accordingly, Davilla's Objections are OVERRULED. The Court
CONCURS with and ADOPTS the Magistrate Judge's Report and
Recommendation as the opinion of the Court. Plaintiff's claims
for monetary damages against Defendants in their official
capacities, Bivens claims for punitive and compensatory damages,
RFRA claims for monetary damages, and Eighth Amendment claims
are DISMISSED. In addition, Plaintiff's request for preliminary
injunctive relief is DENIED. However, Plaintiff's Bivens claims
under the Religious Freedom Restoration Act ("RFRA") against
Defendants Harrell Watts, Raymond E. Holt, D. Edge, John V.
Flournoy, Ken Harris, and

Kirchoff remain pending.
I

SO ORDERED, this

A

day of

A'A4

ISA GODE WO2HIEF JUDGE
NITED SATES DISTRICT COURT
OUTHERN"DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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, 2016.