Dale v. Dejong et al

Filing 52

ORDER denying 43 Motion for Preliminary Injunction; adopting 46 Report and Recommendation; denying 47 Objection to Report and Recommendation.. Signed by U.S. District Judge Lawrence L. Piersol on 12/21/15. (DJP)

DEC Z 1 2G'l5
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

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JAMES IRVING DALE,
CIV 14-4102
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Plaintiff,
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vs.
ORDER
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CORY TYLER; ANDRA GATES;
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MICHAEL JOE HANVEY;
MIKE DOYLE; TAMMY DeJONG;
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KELLY TJEERDSMA;
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MICHAEL MEYER;
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REBECCA SCHIEFER;
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GEORGE DEGLMAN;
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UNKNOWN DEPARTMENT OF
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CORRECTIONS MEDICAL STAFF;
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UNKNOWN DEPARTMENT OF
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CORRECTIONS STAFF; and
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ROBERT DOOLEY;
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Defendants.
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Plaintiff James Irving Dale, an inmate at the South Dakota State Penitentiary, has filed a civil
rights lawsuit pursuant to 42 U.S.C. § 1983. In that action Mr. Dale has now filed a Motion for
Preliminary Injunction, Doc. 43, in which he states that several documents were taken by the
Defendants, and he is asking the Court to order Defendants to return those items. The Magistrate
Judge issued a Report and Recommendation, Doc. 46, recommending Mr. Dale's motion be denied.
Plaintiff James Dale has filed objections to the Report and Recommendation. This Court concludes
that Magistrate Judge Duffy did not confuse the various cases of Plaintiff Dale. In addition, the
preliminary injunction is not being denied because of any inability to provide monetary security.
After conducting a de nova review of the record, the Court agrees with the Magistrate Judge.
Accordingly,

IT IS ORDERED:
1.

That the Report and Recommendation, Doc. 46, is ADOPTED by the
Court and Plaintiffs Objections to the Report and Recommendation,
Doc. 47, are DENIED.

2.

That the Motion for Preliminary Injunction, Doc. 43, is DENIED.

Dated this 21st day of December, 2015.
BY THE COURT:

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ATTEST:

JOSEPHMi~ CLERK
BY:

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