Trejo v. State of Alabama et al, No. 1:2021cv00390 - Document 31 (S.D. Ala. 2021)

Court Description: MEMORANDUM OPINION AND ORDER, ADOPTING 26 Report and Recommendation; DENYING [2i6] motion for preliminary injunction; DIRECTING Clerk to resend a copy of 29 Order to Pltf; and REFERRING case back to the Magistrate Judge for further proceedings. Signed by District Judge Terry F. Moorer on 12/29/2021. (copy to Pltf with copy of order (Doc. 29) and copy of 1983 form complaint) (mab)

Download PDF
Trejo v. State of Alabama et al Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALBERTO TREJO, # 266435, ) ) ) ) ) ) ) ) ) Plaintiff, vs. STATE OF ALABAMA, et al., Defendants. CIV. ACT. NO. 1:21-cv-390-TFM-B MEMORANDUM OPINION AND ORDER On November 12, 2021, the Magistrate Judge entered a report and recommendation which recommends Plaintiff’s motion for preliminary injunction (Doc. 26) be denied. See Doc. 28. Plaintiff’s objections were signed on November 24, 2021 though the postmark reflects December 8, 2021 and received by the Court on December 10, 2021. See Doc. 30. Regardless, the Court will consider the objections as timely filed. Though the allegations Plaintiff makes are serious, the Court finds no fault with the analysis by the Magistrate Judge. Further, to the extent Plaintiff seeks to supplement his allegations and facts through an objection, those cannot be raised for the first time in the objections. As such, the objections are overruled as the current complaint is insufficient to establish the elements for a preliminary injunction. Plaintiff is reminded of the previous order that he file an amended complaint on the correct form. See Doc. 29. Therefore, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff’s motion for preliminary injunction (Doc. 26) is Page 1 of 2 Dockets.Justia.com DENIED. Along with a copy of this order, the Clerk of Court is DIRECTED to resend a copy of the Magistrate Judge’s order from November 29, 2021 (Doc. 29). This case is REFERRED BACK to the Magistrate Judge for further proceedings. DONE and ORDERED this 29th day of December, 2021. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.