Opinion
4:21-cv-87-CDL-MSH
03-16-2022
TREVIS TYRELL SISTRUNK, Plaintiff, v. S G MITCHELL, et al., Defendants.
REPORT AND RECOMMENDATION
STEPHEN HYLES UNITED STATES MAGISTRATE JUDGE
Pending before the Court is Plaintiff Trevis Tyrell Sistrunk's motion for a preliminary injunction (ECF No. 13). Plaintiff seeks immediate dental treatment for his ongoing tooth pain. Pl.'s Mot. for Prelim. Inj. 1, ECF No. 13. “Preliminary injunctions and temporary restraining orders provide temporary remedies while the parties fully litigate their claims.” Daker v. McLaughlin, No. 5:18-cv-00171-MTT, 2019 WL 289810, at *1 (M.D. Ga. Jan. 22, 2019). On September 14, 2021, the Court dismissed Plaintiff's claims as duplicative. Order 1-2, ECF No. 7. As such, there is no temporary remedy the Court could grant Plaintiff with respect to this action. Therefore, it is RECOMMENDED that Plaintiff's motion for a preliminary injunction (ECF No. 13) be DENIED.
Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation, or seek an extension of time to file objections, within FOURTEEN (14) DAYS after being served with a copy hereof. Any objection should be no longer than TWENTY (20) PAGES in length. See M.D. Ga. L.R. 7.4. The district judge shall make a de novo determination of those portions of the Recommendation to which objection is made. All other portions of the Recommendation may be reviewed for clear error.
The parties are hereby notified that, pursuant to 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.”
SO RECOMMENDED