Cooksey v. Cooksey et al

Filing 26

ORDER adopting 11 Report and Recommendation and denying for 7 Motion for temporary restraining order and 20 Motion for preliminary injunction. Signed by Judge Ron Clark on 5/13/16. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMES RAY COOKSEY, Plaintiff, v. AIDA VALLESTRO YANA COOKSEY, et al., Defendants. § § § § § § § § § § CIVIL ACTION NO. 1:16-CV-67 ORDER ADOPTING REPORT AND RECOMMENDATION The Court referred this matter to United States Magistrate Judge Keith F. Giblin for consideration and recommended disposition of case-dispositive pretrial motions. On April 4, 2016, Judge Giblin issued a report and recommendation on the plaintiff’s request for a temporary restraining order. Judge Giblin recommended that the Court deny the request. The plaintiff has not objected to the magistrate judge’s recommendation, but he did file another motion for preliminary injunction [Doc. No. 20] alleging that the defendants have interfered with his property and “online banking.” See Motion. Pursuant to the plaintiff’s renewed motion and in accordance with 28 U.S.C. § 636(b)(1), the Court conducted a de novo review of the magistrate judge’s findings, the record, and the applicable law in this proceeding. After review, the Court finds that Judge Giblin’s findings and recommendations should be accepted. A review of the plaintiff’s additional motion for injunctive relief and the attached evidence also shows that his additional request should be denied for the same reasons stated in Judge Gibln’s report. Plaintiff has failed to meet the requirements for obtaining injunctive relief pursuant to Federal Rule of Civil Procedure 65 and the governing legal standards, discussed in detail in Judge Gibln’s report. See Report and Recommendation [Doc. No. 11], at pp. 3-5. The Court therefore ORDERS that the report and recommendation [Doc. No. 11] is ADOPTED. The court further ORDERS that the plaintiff’s requests for a temporary restraining order [Doc. No. 7] and motion for preliminary injunction [Doc. No. 20] are DENIED. So ORDERED and SIGNED this 13 day of May, 2016. ___________________________________ Ron Clark, United States District Judge 2

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