Opinion
23-12435
06-06-2024
Allen Aikens, Plaintiff, v. Aaron Lashley,1 et al., Defendants.
Mag. Judge Kimberly G. Altman
ORDER ADOPTING REPORT AND RECOMMENDATION [14]
At the time of filing the complaint, Plaintiff was unaware of Defendant Lashley's first name. (ECF No. 1, PageID.2.) Defendants' motion to dismiss and for summary judgment clarifies Defendant Lashley's full name.
JUDITH E. LEVY UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Kimberly G. Altman's Report and Recommendation recommending the Court deny Plaintiff's motion for a preliminary injunction and a temporary restraining order. (ECF No. 14.) The parties were required to file specific written objections, if any, within 14 days of service. Fed.R.Civ.P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. The Court has nevertheless carefully reviewed the Report and Recommendation and concurs in the reasoning and result.
Plaintiff's motion requested a preliminary injunction. (ECF No. 3, PagelD. 1416.) The Report and Recommendation explains that “[a] preliminary injunction cannot be issued before the defendants are served.” (ECF No. 14, PageID.45.) Even if Plaintiff had brought a motion for a temporary restraining order, the motion would be denied for the reasons set forth in the Report and Recommendation. (Id. at PageID.46-47.)
Accordingly, the Report and Recommendation (ECF No. 14) is ADOPTED, and Plaintiff's motion for preliminary injunction (ECF No. 3) is DENIED.
IT IS SO ORDERED.
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or first-class U.S. mail addresses disclosed on the Notice of Electronic Filing on June 6, 2024.