IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
TABER HARDEN, #91703-020
* CIVIL ACTION NO. 2:05-CV-691-T
HARLEY G. LAPPIN
RECOMMENDATION OF THE MAGISTRATE JUDGE
Pending before the court is Plaintiff’s request for preliminary injunctive relief. (Doc. No.
1.) He seeks a p reliminary injunction prohibiting the Director of the Bureau of Prisons from
terminating the federal boot camp program. Upon consideration of Plaintiff’s motion for preliminary
injunction, the court concludes that the motion is due to be denied.
A preliminary injunction is an extraordinary and drastic remedy which should not be granted
unless the movant clearly carries the burden of persuasion as to all prerequisites. United States v.
Jefferson County, 720 F.2d 1511 (11th Cir. 1983). The four prerequisites which a movant must
satisfy are as follows: (1) a substantial likelihood that the movant will ultimately prevail on the
merits, (2) a showing that the movant will suffer irreparable injury unless the injunction issues, (3)
proof that the threatened injury to the movant outweighs the damage the proposed injunction may
Case 2:05-cv-00691-MHT-SRW Document 5 Filed 08/09/2005 Page 1 of 3
Harden v. Lappin (INMATE2)
cause the opposing party, and (4) a showing that the injunction, if issued, will not be adverse to or
harm the public interests. Cate v. Oldham, 707 F.2d 1176 (11th Cir. 1983); Shatel Corp. v. Mao Ta
Lumber and Yacht Corp., 697 F.2d 1352 (11th Cir. 1983). The court has carefully reviewed
Plaintiff’s motion and concludes that Plaintiff has failed to demonstrate that he meets each of the
prerequisites for the issuance of a preliminary injunction.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. Plaintiff's motion for a preliminary injunction (Doc. No. 1) be DENIED; and
2. This case be