Opinion
Case No. 3:19-cv-08-KRG-KAP
06-12-2020
MYRON MOTON, Plaintiff, v. JOHN WETZEL, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants
Report and Recommendation
Recommendation
The Motion to Alter or Amend Judgment, ECF no. 50, should be denied. The pleading styled as a Motion for a Temporary Restraining Order, ECF no. 54, should also be denied.
Report
This Court dismissed plaintiff's complaint without leave to amend on June 20, 2019. ECF no. 31. The Court of Appeals affirmed that judgment on March 4, 2020. ECF no. 44.
The Motion to Alter or Amend represents that it seeks to alter the Court of Appeals judgment of March 4, 2020, so at a minimum it is in the wrong court and untimely. (Rule 59(e) requires that such a motion be filed within 28 days of the entry of judgment.)
The motion for a temporary restraining order seeks plaintiff's transfer from his current prison which, from information on the Pennsylvania Inmate Locator website, is S.C.I. Rockview. (Plaintiff has not updated his address with the Court.) Preliminary relief must be related to the relief ultimately sought in the complaint, to avoid the likelihood of irreparable injury before a decision on the merits of an existing complaint can be rendered. Winter v. Natural Resources Defense Council, 555 U.S. 7, 22 (2008). Since this matter is closed and its dismissal affirmed, there can be no preliminary relief in this matter. Plaintiff may pursue the matter in the appropriate venue, the Middle District, in a new complaint.
Pursuant to 28 U.S.C.§ 636(b)(1), plaintiff can within fourteen days file written objections to this Report and Recommendation. Plaintiff is advised that in the absence of timely and specific objections, any appeal would be severely hampered or entirely defaulted. See EEOC v. City of Long Branch, 866 F.3d 93, 100 (3d Cir.2017) (describing standard of appellate review when no timely and specific objections are filed as limited to review for plain error).
The Clerk shall update plaintiff's address. DATE: June 12, 2020
/s/_________
Keith A. Pesto,
United States Magistrate Judge Notice by U.S. Mail to:
Myron Moton DM-8775
Box A
1 Rockview Place
Bellefonte, PA 168 16823