Filed: Mar. 18, 2014
Latest Update: Mar. 18, 2014
Summary: ORDER JOSEPH F. ANDERSON, Jr., District Judge. The pro se plaintiff, Dennis Temple, is an inmate with the South Carolina Department of Corrections. He brings this civil action in forma pauperis and pursuant to 42 U.S.C. 1983 alleging denial of his religious services. The Magistrate Judge assigned to this action 1 has prepared a Report and Recommendation and opines that the plaintiff's motion for a temporary restraining order/preliminary injunction should be denied without prejudice bec
Summary: ORDER JOSEPH F. ANDERSON, Jr., District Judge. The pro se plaintiff, Dennis Temple, is an inmate with the South Carolina Department of Corrections. He brings this civil action in forma pauperis and pursuant to 42 U.S.C. 1983 alleging denial of his religious services. The Magistrate Judge assigned to this action 1 has prepared a Report and Recommendation and opines that the plaintiff's motion for a temporary restraining order/preliminary injunction should be denied without prejudice beca..
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ORDER
JOSEPH F. ANDERSON, Jr., District Judge.
The pro se plaintiff, Dennis Temple, is an inmate with the South Carolina Department of Corrections. He brings this civil action in forma pauperis and pursuant to 42 U.S.C. § 1983 alleging denial of his religious services.
The Magistrate Judge assigned to this action1 has prepared a Report and Recommendation and opines that the plaintiff's motion for a temporary restraining order/preliminary injunction should be denied without prejudice because the case has not been brought in proper form. The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation.
The plaintiff was advised of his right to file objections to the Report and Recommendation and he has timely done so. The plaintiff objects to the Report of the Magistrate Judge, essentially repeating all the arguments made in his initial motion for a preliminary injunction.
As the Magistrate Judge notes in her Report, under Fed. R. Civ. P. 65(a), a district court may issue a preliminary injunction only on notice to the adverse party. Because this case is still not in proper form and all parties have not been served, this court is without authority to consider the motion.
After carefully reviewing the applicable laws, the record in this case, the Report and Recommendation, and the objections thereto, this court adopts and incorporates the Report herein by reference.
Accordingly, plaintiff's motion for a temporary restraining order/preliminary injunction (ECF No. 3) is denied without prejudice. Plaintiff may refile the motion after the case is brought into proper form and all parties are properly served.
IT IS SO ORDERED.
