Opinion
Civil Action No. 19-98 Erie
07-01-2019
WARREN EASLEY, Plaintiff, v. OPERLANDER, et al., Defendants.
MEMORANDUM ORDER
This prisoner civil action was received by the Clerk of Court on April 19, 2019 and was referred to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges. ECF No. 1, 4. That same day, Plaintiff Warren Easley filed a motion for a temporary restraining order or preliminary injunction. Subsequently, the case was administratively closed pending Plaintiff's submission of a valid application for leave to proceed in forma pauperis or payment of the requisite filing fee. ECF No. 2.
On May 23, 2019, notwithstanding the administrative closure of this action, Magistrate Judge Lanzillo issued an oral Report and Recommendation ("R&R"), ECF No. [6], on the record, recommending that Plaintiff's motion for a temporary restraining order or preliminary injunction be denied. Objections to the R&R were due to be filed on or before June 10, 2019. To date, no objections have been filed.
After de novo review of the complaint and documents in the case, together with the Magistrate Judge's Report and Recommendation, the following order is entered:
AND NOW, this 28th day of June, 2019, IT IS HEREBY ORDERED that Plaintiff's motion for a temporary restraining order or preliminary injunction, shall be, and hereby is, DENIED. The Report and Recommendation of Magistrate Judge Lanzillo, entered orally on the record on May 23, 2019, ECF No. [6], is adopted as the opinion of this Court.
/s/_________
SUSAN PARADISE BAXTER
United States District Judge cm: Warren Easley
KA-1544
SCI Forest
Housing Unit J-D-1003
P.O. Box 945
Marienville, PA 16239
(via U.S. Mail)
Timothy Mazzocca, Esq.
Justin Gayle, Esq.
Office of the Attorney General
1251 Waterfront Place
Mezzanine Level
Pittsburgh, PA 15222
(via U.S. Mail)
The Honorable Richard A. Lanzillo (via CM/ECF)