BALLARD v. GAINES

M.D. Georgia

BALLARD v. GAINES

DecidedJanuary 25, 2022

Docket5:21-cv-00141-MTT-CHW

StatusUnknown

This text of BALLARD v. GAINES (BALLARD v. GAINES) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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BALLARD v. GAINES, (M.D. Ga. 2022).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

RICO LAMAR BALLARD, ) ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:21-cv-141 (MTT) ) GAINES, et al., ) ) ) Defendants. ) __________________ )

ORDER United States Magistrate Judge Charles H. Weigle recommends denying Plaintiff Rico Ballard’s motion for preliminary injunctive relief. Doc. 60. Ballard objected (Doc. 62), so pursuant to 28 U.S.C. § 636(b)(1), the Court reviews de novo the portions of the Recommendation to which he objects. After review, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation (Doc. 60) is ADOPTED and made the order of the Court. Accordingly, Ballard’s motion for preliminary injunctive relief (Doc. 39) is DENIED. The objection also takes issue with the Magistrate Judge’s denial (Doc. 7) of Ballard’s motion to appoint counsel (Doc. 3). Doc. 62 at 1. “A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A); see also Brown v. United States, 748 F.3d 1045, 1055 (11th Cir. 2014); Muhammad v. HSBC Bank USA, N.A., 399 F. App’x 460, 462 (11th Cir. 2010). Here, Ballard has not made either of these showings, so to the extent that the objection is additionally construed as a motion for reconsideration, that motion (Doc. 62) is DENIED. SO ORDERED, this 25th day of January, 2022. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

RICO LAMAR BALLARD, ) ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:21-cv-141 (MTT) ) GAINES, et al., ) ) ) Defendants. ) __________________ )

ORDER United States Magistrate Judge Charles H. Weigle recommends denying Plaintiff Rico Ballard’s motion for preliminary injunctive relief. Doc. 60. Ballard objected (Doc. 62), so pursuant to 28 U.S.C. § 636(b)(1), the Court reviews de novo the portions of the Recommendation to which he objects. After review, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation (Doc. 60) is ADOPTED and made the order of the Court. Accordingly, Ballard’s motion for preliminary injunctive relief (Doc. 39) is DENIED. The objection also takes issue with the Magistrate Judge’s denial (Doc. 7) of Ballard’s motion to appoint counsel (Doc. 3). Doc. 62 at 1. “A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A); see also Brown v. United States, 748 F.3d 1045, 1055 (11th Cir. 2014); Muhammad v. HSBC Bank USA, N.A., 399 F. App’x 460, 462 (11th Cir. 2010). Here, Ballard has not made either of these showings, so to the extent that the objection is additionally construed as a motion for reconsideration, that motion (Doc. 62) is DENIED. SO ORDERED, this 25th day of January, 2022. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

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BALLARD v. GAINES, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-gaines-gamd-2022.

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