Brantley v. Whitten et al (INMATE 1), No. 2:2018cv00471 - Document 151 (M.D. Ala. 2020)

Court Description: OPINION AND ORDER: it is ORDERED that: (1) The 149 objections are overruled; (2) The 147 recommendation of the United States Magistrate Judge is adopted; (3) The 119 motion for preliminary injunction is denied; further ORDERED that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 11/23/2020. (wcl, )

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Brantley v. Whitten et al (INMATE 1) Doc. 151 Case 2:18-cv-00471-MHT-JTA Document 151 Filed 11/23/20 Page 1 of 2 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION LEROME BRANTLEY, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. OFFICER J. WHITTEN, et al., Defendants. CIVIL ACTION NO. 2:18cv471-MHT (WO) OPINION AND ORDER Pursuant to 42 U.S.C. § 1983, plaintiff, a state prisoner, filed this lawsuit contending that correctional officers used excessive force against him, failed to protect him from the excessive use of force, and improperly injuries. injunction delayed Plaintiff seeking retaliation. medical filed medical a treatment motion care and for for his preliminary protection from This case is before the court on the recommendation of the United States Magistrate Judge that plaintiff’s motion for preliminary injunction be denied. Also before the court are plaintiff’s Dockets.Justia.com Case 2:18-cv-00471-MHT-JTA Document 151 Filed 11/23/20 Page 2 of 2 objections to the recommendation. Upon an independent and de novo review of the record, the court concludes that the objections recommendation adopted should be because overruled plaintiff and the failed to establish each of the requisite elements necessary for the issuance of preliminary injunctive relief. Accordingly, it is ORDERED that: (1) The objections (doc. no. 149) are overruled. (2) The recommendation of the United States Magistrate Judge (doc. no. 147) is adopted. (3) The motion for preliminary injunction (doc. no. 119) is denied. It is further ORDERED that this case is referred back to the magistrate judge for further proceedings. DONE, this the 23rd day of November, 2020. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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