Summary
This Report and Recommendation addresses Tiffany Brown’s motions for preliminary injunction and temporary restraining order in a civil rights action against Bureau of Prisons employees. The magistrate judge recommends denying the motions without prejudice because the complaint was an impermissible shotgun pleading and did not demonstrate a substantial likelihood of success on the merits.
Holdings
- Plaintiff failed to demonstrate a substantial likelihood of success on the merits because her complaint was a shotgun pleading and did not state a plausible claim for relief.
- The District Court should deny Plaintiff's three motions for preliminary injunction and her motion for a temporary restraining order without prejudice.
Questions Presented
- Whether Plaintiff was entitled to a preliminary injunction or temporary restraining order.
- Whether Plaintiff demonstrated a substantial likelihood of success on the merits when her complaint was an impermissible shotgun pleading and failed to state a plausible claim for relief.
Disposition
other
Cases Cited (14)
- Est. of Bass v. Regions Bank, Inc., 947 F.3d 1352, 1358 (11th Cir. 2020)(followed)
- Bloedorn v. Grubs, 631 F.3d 1218, 1229 (11th Cir. 2011)(followed)
- Ne. Fla. Chapter of Ass'n of Gen. Contractors v. City of Jacksonville, 896 F.2d 1283, 1284 (11th Cir. 1990)(followed)
- Granny Goose Foods Inc. v. Brotherhood of Teamsters, 415 U.S. 423, 439 (1974)(followed)
- All Care Nursing Serv. v. Bethesda Mem'l Hosp., 887 F.2d 1535, 1537 (11th Cir. 1989)(followed)
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)(followed)
- In re Gateway Radiology Consultants, P.A., 983 F.3d 1239, 1254 (11th Cir. 2020)(followed)
- Ingram v. Ault, 50 F.3d 898, 900 (11th Cir. 1995)(followed)
- KOVA Com. of Naples, LLC v. Sabin, No. 2:23-CV-614-JES-KCD, 2023 WL 5334550, at *2 (M.D. Fla. Aug. 18, 2023)(followed)
- Freeman v. Bay Equity LLC, 2020 WL 4700767, at *1 (S.D. Ga. Aug. 13, 2020)(followed)
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