Fernandez v. U.S. Immigration Department

Full title: MIGUEL FERNANDEZ, ID # 591023, Plaintiff, v. UNITED STATES IMMIGRATION…

Court: United States District Court, N.D. Texas

Date published: May 31, 2001

Civil Action No. 3:01-CV-0318-L (N.D. Tex. May. 31, 2001)

Opinion

Civil Action No. 3:01-CV-0318-L

May 31, 2001

ORDER

SAM LINDSAY, District Judge

By order dated March 28, 2001, the court referred this action to the United States Magistrate Judge for proposed findings and recommendations for disposition. On April 30, 2001, the Magistrate Judge filed her Findings and Recommendation of the United States Magistrate Judge. On May 14, 2001, Plaintiff filed two separate documents: Plaintiff's Objection in Support of Preliminary Injunction and Plaintiff's Permanent Preliminary Injunction. The court treats the first document as Plaintiff's objections to the Magistrate Judge's Findings and Recommendation. After making an independent review of the pleadings, files and record in this case, and the Findings and Recommendation of the United States Magistrate Judge, the court concludes that the findings and conclusions of the United States Magistrate Judge are correct. Plaintiff's objections are therefore overruled. The Findings and Recommendation of the United States Magistrate Judge are hereby accepted as the findings and conclusions of the court.

Regarding Plaintiff's application for Permanent Preliminary Injunction, the court determines that it should be denied. To obtain a preliminary injunction, Plaintiff must show 1) a substantial likelihood of success on the merits; 2) a substantial threat that he will suffer irreparable injury absent the injunction; 3) that the threatened injury outweighs any danger the injunction might cause the Defendants; and 4) that the injunction will not harm the public interest. See Enrique Bernat F., S.A. v. Guadalajara, Inc., 210 F.3d 439, 442 (5th Cir. 2000). For the same reasons stated by the Magistrate Judge, the court concludes that Plaintiff's complaint sets forth no claim that can survive summary dismissal. As such, Plaintiff has failed to show a substantial likelihood of success on the merits, and his request for preliminary injunction must be denied.

For the reasons set forth herein, Plaintiff's complaint is hereby dismissed with prejudice as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B) and 1915A(b), and Plaintiff's requests for temporary restraining order and preliminary injunction are both denied.

It is so ordered.