Strausbaugh v. Terrebonne Parish Criminal Justice Complex Sheriff's Office et al

Filing 22

ORDER AND REASONS: The Court adopts Magistrate Judge Dossier's 19 R&R as its opinion. Strausbaugh's motion for a temporary restraining order and preliminary injunction is DENIED. Signed by Judge Sarah S Vance on 8/29/2024.(cs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FARON TIMOTHY STRAUSBAUGH
VERSUS

CIVIL ACTION
NO. 24-1213

TERREBONNE PARISH CRIMINAL
JUSTICE COMPLEX/SHERIFF’S
OFFICE, ET AL.

SECTION “R” (3)

ORDER AND REASONS
Plaintiff Faron Timothy Strausbaugh filed this action pro se and in
forma pauperis pursuant to 42 U.S.C. § 1983 on May 21, 2024, while a
pretrial detainee incarcerated at the Terrebonne Parish Criminal Justice
Complex.1 Plaintiff separately filed a separate motion for a preliminary
injunction and a temporary restraining order that same day.2 Strausbaugh
alleges that defendants were deliberately indifferent to his medical needs
related to his Wolff-Parkinson-White Syndrome, which culminated in injury
and hospitalization after he fainted and fell down a flight of stairs on
April 29, 2024.3

Plaintiff seeks compensatory damages for his medical

expenses and for pain and suffering, and to be released or moved to a

1
2
3

R. Doc. 3.
R. Doc. 6.
R. Doc. 3 at 4-8.

different facility.4 On August 13, 2024, Magistrate Judge Eva J. Dossier
issued a Report and Recommendation (“R&R”), recommending that the
Court deny plaintiff’s motion for a temporary restraining order and
preliminary injunction without need for an evidentiary hearing.5
Strausbaugh did not object to the R&R. Therefore, the Court reviews the
R&R for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415,
1430 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28
U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b) advisory committee’s note
(1983) (“When no timely objection is filed, the court need only satisfy itself
that there is no clear error on the face of the record in order to accept the
recommendation.”). The Court finds no clear error.
Accordingly, the Court adopts Magistrate Judge Dossier’s R&R as its
opinion.

Strausbaugh’s motion for a temporary restraining order and

preliminary injunction is DENIED.

29th day of August, 2024.
New Orleans, Louisiana, this _____
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

4
5

Id. at 10.
R. Doc. 19.
2