IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
: CIVIL ACTION 05-00745-CG-B
GRANTT CULLIVER, et al.,
REPORT AND RECOMMENDATION
Plaintiff, an Alabama prison inmate incarcerated at the
Donaldson Correctional Facility, has brought this action pursuant
to 42 U.S.C. § 1983. In his complaint, Plaintiff asserts that
while housed at Holman Prison, he was beaten by prison officials
on March 6, 2005 and April 30, 2005. Plaintiff is presently
before this Court on a Motion for an Emergency Restraining Order
(Doc. 4). Plaintiff’s motion has been referred to the
undersigned Magistrate Judge for a recommendation pursuant to 28
U.S. C. § 636(b)(1)(B), Local Rule 72.2 and the standing order of
general reference. Based upon a review of Plaintiff’s motion and
complaint, it is recommended that Plaintiff’s Motion for an
Emergency Restraining Order be DENIED.
In order to prevail on a request for a temporary restraining
order, Plaintiff 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
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Riggins v. Culliver et al
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 the public
interest. Palmer v. Braun, 287 F.3d 1325, 1329 (llth Cir.
2002); Zardui-Quinatana v. Richard, 768 F.2d 1213, 1216 (llth
Cir. 1985). A temporary injunction is an extraordinary and
drastic remedy not to be granted unless the movant clearly
carries the burden of persuasion as to the four requisites. Id.
at 1216; McDonald’s Corp. V. Robertson, 147 F.3d 1301, 1306 (llth
Cir. 1988). It is mandatory that all four factors are satisfied.
United States v. Jefferson County, 720 F.2d 1511, 1519 (llth Cir.
1983). Moreover, injunct