Temple v. Morrison et al

Filing 40

ORDER adopting 10 Report and Recommendation. Accordingly, plaintiff's 3 Motion for a temporary restraining order/preliminary injunction is denied without prejudice. Plaintiff may refile the motion after the case is brought into proper form and all parties are properly served. Signed by Honorable Joseph F Anderson, Jr on 3/18/14. (kmca)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Dennis Temple,
Plaintiff,
vs.
Chaplain Unknown Morrison; Warden
Joseph McFadden; Associate Warden Fred
Thompson; Associate Warden James
Blackwell; Chaplain Cuttino; Muslim
Chaplain Tamir Abdul Mutakabbir, in the
individual and official capacity,
Defendants.
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C/A No. 8:13-3426-JFA-JDA
ORDER

The pro se plaintiff, Dennis Temple, is an inmate with the South Carolina Department
of Corrections. He brings this civil action in forma pauperis and pursuant to
42 U.S.C. § 1983 alleging denial of his religious services.
The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation and opines that the plaintiff’s motion for a temporary restraining
order/preliminary injunction should be denied without prejudice because the case has not
been brought in proper form. The Report sets forth in detail the relevant facts and standards

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local
Civil Rule 73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the court.
Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those
portions of the Report and Recommendation to which specific objection is made, and the court may accept,
reject, or modify, in whole or in part, the recommendation of the Magistrate Judge, or recommit the matter
to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).
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of law on this matter, and the court incorporates such without a recitation.
The plaintiff was advised of his right to file objections to the Report and
Recommendation and he has timely done so. The plaintiff objects to the Report of the
Magistrate Judge, essentially repeating all the arguments made in his initial motion for a
preliminary injunction.
As the Magistrate Judge notes in her Report, under Fed. R. Civ. P. 65(a), a district
court may issue a preliminary injunction only on notice to the adverse party. Because this
case is still not in proper form and all parties have not been served, this court is without
authority to consider the motion.
After carefully reviewing the applicable laws, the record in this case, the Report and
Recommendation, and the objections thereto, this court adopts and incorporates the Report
herein by reference.
Accordingly, plaintiff’s motion for a temporary restraining order/preliminary
injunction (ECF No. 3) is denied without prejudice. Plaintiff may refile the motion after the
case is brought into proper form and all parties are properly served.
IT IS SO ORDERED.

March 18, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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