Taylor v. Fountaine et al

Filing 21

ORDER ADOPTING 13 the Magistrate Judge's Report and Recommendations, and DENYING 3 Motion for TRO filed by Johnny Taylor. Plaintiff's Objections are overruled. Signed by Chief Judge Lisa G. Wood on 7/24/2013. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION
JOHNNY TAYLOR,
Plaintiff,
CIVIL ACTION NO.: CV513-026

V.

DR. PIERRE FOUNTAINE; GRADY
PERRY; ANDRE FORD; BRIAN
OWENS; and SHARON LEWIS,
Defendants.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Plaintiff contends that he has met his burden of
persuasion on each of the four (4) prerequisites necessary for the issuance of injunctive
relief. Plaintiff asserts that, because the Magistrate Judge determined that Plaintiff set
forth cognizable claims for relief in his Complaint on frivolity review, he has met his
burden of persuasion showing his entitlement to injunctive relief. However, simply
because the Magistrate Judge determined that Plaintiff set forth cognizable claims in his
Complaint, this does not constitute a determination that Plaintiff is entitled to injunctive
relief. The granting of injunctive relief is an "extraordinary and drastic remedy", Four
Seasons Hotels & Resorts, B.V. v. Consorcio Barr, S.A., 320 F.3d 1205, 1210 (11th Cir.
2003), and the burden of showing entitlement to such relief is much higher than that

AO 72A
(Rev. 8/82)

applicable to the screening of a pro se plaintiffs complaint. Plaintiff has not met this
burden.
Plaintiffs Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Plaintiffs Motion for
Temporary Restraining Order is DENIED.

SO ORDERED, this

IA

/1111

day of

_

1

___ 013.

A,GODBErW6D CHIEF JUDGE
ED
Pt STATES DISTRICT COURT
UTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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