Charest v. Ivey et al, No. 1:2020cv00214 - Document 21 (S.D. Ala. 2020)

Court Description: MEMORANDUM OPINION & ORDER OVERRULING Plf's 20 Objections styled as 20 Emergency Motion for De Novo Review and Issuance of P. I. & ADOPTING 19 Report & Recommendation as set out. Plf's 4 MOTION for Preliminary Injunction is DENIED as set out. This case is REFERRED BACK to the Mag. Judge for further proceedings. Signed by District Judge Terry F. Moorer on 8/28/2020. (copy mailed to Plf on 8/28/2020) (tot)

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Charest v. Ivey et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PATRICK J. CHAREST, ) ) ) ) ) ) ) ) ) Plaintiff, vs. KAY IVEY, et al., Defendants. CIV. ACT. NO. 1:20-cv-214-TFM-N MEMORANDUM OPINION AND ORDER On May 4, 2020, the Court entered an order denying Plaintiff’s Motion for a Temporary Restraining Order and after expediting briefing, referred the Motion for a Preliminary Injunction to the Magistrate Judge. See Docs. 5, 14. On July 6, 2020, the Magistrate Judge entered a report and recommendation (“R&R”) which recommends the motion for preliminary injunction be denied. See Doc. 19. Plaintiff filed a document entitled Emergency Motion for De Novo Review and Issuance of P.I. (Doc. 20, filed July 13, 2020). The document is dated July 8, 2020 with a postmark of July 9, 2020. Given the prison mail time, the reference to the R&R issued on June 17, 2020 along with the recognition that the R&R was withdrawn, it is not clear that these were intended as objections to the more recent R&R. Regardless, the Court has considered the objections here. The Court has reviewed the report and recommendation, objections, and conducted a de novo review of the case file. For the reasons discussed below, the objections are OVERRULED and the Report and Recommendation is ADOPTED as the opinion of the Court. Plaintiff specifically states in his “Emergency Motion” (Objections) that there are some positive tests within the prison population and 2 ADOC officers. He also asserts that COVID-19 Page 1 of 2 Dockets.Justia.com “came inside due to defendant’s own deliberate indifference to human suffering.” See Doc. 20 at 5. However, nothing in his objections overcome the Magistrate Judge’s well-reasoned analysis. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, Plaintiff’s objections styled as Emergency Motion for De Novo Review and Issuance of P.I. (Doc. 20) are OVERRULED and the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Plaintiff’s motion for preliminary injunction (Doc. 4) is DENIED. This case is REFERRED BACK to the Magistrate Judge for further proceedings. DONE and ORDERED this 28th day of August, 2020. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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