United States District Court, S.D. Alabama, Southern Division
REPORT AND RECOMMENDATION
BRADLEY MURRAY UNITED STATES MAGISTRATE JUDGE
action is before the Court on Plaintiff's Request for
Temporary Restraining Order (“Motion”) (Doc.
In the Motion, Plaintiff wants Defendants to be ordered not
to harm him and to refrain from committing any illegal acts
against him. The undersigned recommends that the Motion be
DENIED because Plaintiff has failed to meet
the requirements for a TRO.
primary purpose of a temporary restraining order or a
preliminary injunction is to maintain the status quo
of the parties until there is a trial on the merits.
University of Texas v. Camenisch, 451 U.S. 390, 395,
101 S.Ct. 1830, 1834, 68 L.Ed.2d 175 (1981). “[A]
preliminary injunction is an extraordinary and drastic
remedy[, ]” which will not be granted unless the movant
carries the burden of persuasion on the following four
prerequisites. Zardui-Quintana v. Richard, 768 F.2d
1213, 1216 (11th Cir. 1985) (citation and quotations marks
omitted). To prevail on a request for injunctive relief, the
movant must show:
(1) a substantial likelihood that he will ultimately prevail
on the merits; (2) that he will suffer irreparable injury
unless the injunction issues; (3) that the threatened injury
to the movant outweighs whatever damage the proposed
injunction may cause the opposing party; and (4) that the
injunction, if issued, would not be adverse to public
Id. Moreover, injunctive relief will not issue
unless the complained of conduct is imminent and no other
relief or compensation is available. Cunningham v.
Adams, 808 F.2d 815, 821 (11th Cir. 1987).
present Motion, Plaintiff argues that all four elements are
satisfied. The Court's findings, however, are to the
contrary. An examination of the second element -whether
Plaintiff will suffer irreparable injury unless the
injunction issues - reflects that he has not met his burden
Motion Plaintiff does not identify a specific injury he will
suffer if injunctive relief does not issue. Plaintiff states
in a general manner that he seeks to avoid harm from
Defendant Norman who “who may decide to
retaliate…” (Doc. at para. 2) and further
requests an order for Defendants to “refrain from
committing … illegal acts” set out in a list.
(Id. at para. 5). These assertions do not meet the
burden of showing that irreparable, imminent harm will result
if injunctive relief does not issue. Plaintiff's
allegations are speculative (“may retaliate”) and
seek enforcement of the law (“refrain from …
illegal acts). The Court finds that Plaintiff has failed to
carry his burden of persuasion on this one element.
that Plaintiff has not met his burden of persuasion in regard
to one element, the Court will not address the remaining
elements because Plaintiff bears the burden of persuasion on
each of the four elements. United States v. Jefferson
County, 720 F.2d 1511, 1519 (11th Cir. 1983)(finding
that a preliminary injunction was properly denied where
movant failed to meet the burden of persuasion on one
it is recommended that Plaintiff's Motion (Doc. 6) be
OF RIGHT TO FILE OBJECTIONS
of this report and recommendation shall be served on all
parties in the manner provided by law. Any party who objects
to this recommendation or anything in it must, within
fourteen (14) days of the date of service of this document,
file specific written objections with the Clerk of this
Court. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P.
72(b); S.D. Ala. GenLR 72(c)(1) & (2). The parties should
note that under Eleventh Circuit Rule 3-1, “[a] party
failing to object to a magistrate judge's findings or
recommendations contained in a report and recommendation in
accordance with the provisions of 28 U.S.C. § 636(b)(1)
waives the right to challenge on appeal the district
court's order based on unobjected-to factual and legal
conclusions if the party was informed of the time period for
objecting and the consequences on appeal for failing to
object. In the absence of a proper objection, however, the
court may review on appeal for plain error if necessary in
the interests of justice.” 11th Cir. R. 3-1. In order
to be specific, an objection must identify the specific
finding or recommendation to which objection is made, state
the basis for the objection, and specify the place in the
Magistrate Judge's report and recommendation where the
disputed determination is found. An objection that merely
incorporates by reference or refers to the briefing before
the Magistrate Judge is not specific.
 Plaintiff is an Alabama prison inmate
who is proceeding pro se in this § 1983 action.
He seeks redress for alleged excessive or illegal ...