Summary
denying injunctive relief where prisoner offered only conclusory allegations of need for opiates which had been denied as medically unnecessary based in part on his "high risk for opioid dependence and addiction," and because his doctors determined that risk "outweighed any potential benefit."
Summary of this case from Arellano v. SantosOpinion
No. CV-12-5163-JPH
07-15-2013
ALVIN LESLIE WITHERSPOON, Plaintiff, v. BERNARD WARNER, et al., Defendants.
ORDER ADOPTING REPORT
AND RECOMMENDATION
Before the Court is the Report and Recommendation issued by Judge Hutton recommending the Court deny Plaintiff's Motion for a Preliminary Injunction or a Temporary Restraining Order (TRO), ECF No. 32. No objections have been filed.
Accordingly, IT IS HEREBY ORDERED:
1. After reviewing the report and the file, the Court adopts the Report and Recommendation issued by Judge Hutton, ECF No. 32, in its entirety.
2. Plaintiff's Motion for a Preliminary Injunction or a Temporary Restraining Order (TRO), ECF No. 13, is DENIED.
IT IS SO ORDERED. The District Court Executive is hereby directed to enter this Order and furnish copies to counsel.
______________________
ROBERT H. WHALEY
United States District Judge