Ezzard v. Ajibade et al

Filing 29

ORDER adopting 22 Report and Recommendation as the Court's opinion; denying Plaintiff's 17 Motion for emergency show-cause proceeding ; and, denying Plaintiff's 19 Motion for emergency relief (i.e. motions for emergency injunction). Signed by Judge Dudley H. Bowen on 1/7/2015. (jah)

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IN THH LINITEDSTATESDISTRICTCOURT

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JAP{

DISTRICT GEORGIA
OF
F-OR
THE SOUTIIERN
DUBLIN DIVISION

EZZARD,
STEVETT.
Plaintiff,

cv 314-14r

V.

DR. AJIBADE and
WARDEN BRAD HOOKS,
Defendants.

ORDER

After a careful,de novo review of the file, the Court concurswith the MagistrateJudge's
to
Report and Recommendation, which objectionshave been filed (doc. no. 25). Nothing in
the
Plaintiff s objectionsr,mdermines MagistrateJudge'sanalysisthat Plaintiff fails to satisfythe
fbr
four prerequisites obtaininginjunctive reliell The Cowt also notesthat Plaintiff s declaration
in his objectionsthat he has made the MagistrateJudge a Del'endantis both procedurallyand
improper. SeeRehbere Paulk, 132 S. Ct. 1491,1503(2012)(listing "functions
v.
substantively
that are absolutelyimmune from liability for damagesunder $ 1983," including "actions taken
by judges within the legitimatescopeofjudicial authority"); Fed. R. Civ. P. 15 (explainingrules
for filing a motion to amend). Therefore,Plaintiff's declarationdoes not changethe fact that
in
thereare currently only two defendants this case,and they are both listed in the captionabove.

of
Accordingly,the Court ADOPTS the Report and Recommendation the MagistrateJudgeas its
injunction. (Doc. nos. 17, 19.)
opinion and DENIES Plaintif'f.sllotions for an emergency

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2A15, Augusta,*Georgia.
at
SO ORDEREDthis r da{ of January,

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DISTRICT