MILTON VERAN WILLIAMS, | No. 02-6332
(D.C. No. CIV-01-1918-C) |
The Magistrate Judge recommended that Plaintiff's motion be denied, finding that "Plaintiff has wholly failed to carry his burden of proof and persuasion." (Id. at 2.) The district court adopted the Magistrate's Report and Recommendation in its entirety and denied Plaintiff's motion. (Slip Op. at 2.)
We review a district court's denial of a preliminary injunction or a temporary restraining order for abuse of discretion. Duvall v. Keating, 162 F.3d 1058, 1062 (10th Cir. 1998). For substantially the reasons stated in the Magistrate's Report and Recommendation, we find that the district court did not abuse its discretion and AFFIRM its denial of Plaintiff's motion. Plaintiff's motion to proceed without prepayment of the appellate filing fee is GRANTED; Plaintiff must continue making payments until the entire filing fee is paid. Plaintiff's motion to file a supplemental brief is GRANTED. All other pending motions are DENIED.
ENTERED FOR THE COURT
David M. Ebel
Circuit Judge
*.After examining appellant's brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This Order and Judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.