Opinion
Civil Action No. 17-175 Erie
01-12-2018
JOSE CRUZ, Plaintiff, v. SUPERINTENDENT NANCY GIROUX, et al., Defendants.
MEMORANDUM ORDER
The present action was filed with this Court on July 3, 2017. The case was referred to United States Magistrate Judge Susan Paradise Baxter for a report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72 of the Local Rules for Magistrate Judges.
Plaintiff Jose Cruz filed a Motion for Preliminary Injunction [ECF No. 13] on October 23, 2017. Magistrate Judge Baxter held a hearing on the motion on December 12, 2017. At the conclusion of the hearing, the Magistrate Judge issued an oral Report and Recommendation ("R&R") [ECF No. 19] recommending that Plaintiff's motion be denied. Plaintiff was informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local Rule of Court 72.D.2 he had until December 29, 2017 to filed any objections. Plaintiff timely submitted a document styled a "Motion Response in Opposition" to the R&R [ECF No. 22] which the Court construes as Plaintiff's Objections to the R&R. However, Plaintiff's objections are without merit.
After a de novo review of the pleadings and documents in this case, together with the transcript of the hearing and the Magistrate Judge's oral R&R, the following order is entered:
IT IS HEREBY ORDERED that Plaintiff's Motion for Preliminary Injunction [ECF No. 13] is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 19] of Magistrate Judge Susan Paradise Baxter is hereby adopted as the opinion of the district court.
/s/ Nora Barry Fischer
Nora Barry Fischer
United States District Judge Date: January 12, 2018 CC/ECF: All parties of record.
Jose Cruz
FZ-3254
SCI Albion
10745 Route 18
Albion, PA 16475