Summary
noting "courts have held that a mere generalized knowledge that prisons are dangerous places does not give rise to an Eighth Amendment claim"
Summary of this case from Lee v. LinkOpinion
Civil Action No. 3: 14-cv-00031
08-21-2014
KAREEM GARRETT, Plaintiff, v. WEXFORD HEALTH, et al., Defendants.
United States Magistrate Judge Cynthia Reed Eddy MEMORANDUM ORDER
On February 24, 2014, this case was transferred to this Court from the United States District Court for the Middle District of Pennsylvania and was referred to a United States magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
On April 28, 2014, Plaintiff filed a Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 21). On July 3, 2014, the magistrate judge filed a Report and Recommendation (ECF No. 26) recommending that Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction be denied. On July 22, 2014, Plaintiff filed Objections and a brief in support of his objections (ECF Nos. 29 and 30). Plaintiff's objections do not undermine the recommendation of the magistrate judge.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and objections thereto, the following order is entered:
AND NOW, this 21st day of August, 2014;
IT IS HEREBY ORDERED that Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 21) is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 26) is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that this matter is remanded back to the magistrate judge for all further pretrial proceedings.
By the Court:
/s/_________
Kim R. Gibson
United States District Judge
cc: KAREEM GARRETT
JP-9214
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698-1000