Opinion
NO. CIV-12-0330-HE
07-20-2012
EZEKIEL DAVIS, Plaintiff, v. CARL BEAR, et al., Defendants.
ORDER
Plaintiff, a state prisoner appearing pro se and in forma pauperis, filed this action pursuant to 42 U.S.C. § 1983 against various state employees seeking to recover for alleged constitutional violations. Consistent with 28 U.S.C. §636(b)(1)(B), the matter was referred to Magistrate Judge Gary M. Purcell, who recommends that plaintiff's request for injunctive relief be denied.
The magistrate judge concluded plaintiff had not made any of the showings required to obtain a temporary restraining order or preliminary injunction. Plaintiff failed to object to the Report and Recommendation and thereby waived his right to appellate review of the factual and legal issues it addressed. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. § 636(b)(1)(C). Accordingly, the court adopts Magistrate Judge Purcell's Report and Recommendation and DENIES plaintiff's motion for a temporary restraining order [Doc. #10].
IT IS SO ORDERED.
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JOE HEATON
UNITED STATES DISTRICT JUDGE