Martinez v. Allen

Full title: JUAN C. MARTINEZ v. DR. SCOTT A. ALLEN, et al

Court: United States District Court, D. Rhode Island

Date published: Sep 9, 2004

C.A. No. 04-346 ML (D.R.I. Sep. 9, 2004)

Opinion

C.A. No. 04-346 ML.

September 9, 2004

Report and Recommendation

JACOB HAGOPIAN, Recalled Magistrate Judge

Plaintiff Juan A. Martinez, pro se, filed a complaint pursuant to 42 U.S.C. § 1983 alleging a violation of his Eighth Amendment rights. In his Complaint, plaintiff claims that he is an epileptic and that he has received inadequate medical care.

This matter is currently before the court on the motion of the plaintiff for an "Emergency Injunction." In the motion, plaintiff seeks to have his cell relocated to the hospital block or to a block where he can be monitored by correctional officers. After consideration of the motion, and of the response supplied by the Department of Corrections ("DOC") (who has not been served in this matter), I recommend that plaintiff's motion for an "Emergency Injunction" be denied as moot since the DOC has relocated the plaintiff to a cell where he can be monitored by DOC personnel.

Any objection to this Report and Recommendation must be specific and must be filed with the Clerk of Court within ten days of its receipt. Fed.R.Civ.P. 72(b); Local Rule 32. Failure to file timely, specific objections to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision. United States v. Valencia-Copete, 792 F.2d 4 (1st Cir. 1986) (per curiam); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d. 603 (1^st Cir. 1980).