Opinion
C. A. 21-324
04-06-2022
LARRY RAFIQ SAMUELS, Plaintiff, v. SUPERINTENDENT M. OVERMYER, et al., Defendants.
Richard A. Lanzillo Magistrate Judge
MEMORANDUM ORDER
SUSAN PARADISE BAXTER UNITED STATES DISTRICT JUDGE
This action was commenced by Plaintiffs filing of a pro se civil rights complaint accompanied by a motion for leave to proceed in forma pauperis ("tip motion") [ECF No. 1], on November 19, 2021. This matter was referred to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. §636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
On January 24, 2022, Plaintiff filed a motion for injunctive relief requesting an "emergency transfer" to another institution and a "z-code" custody designation [ECF No. 8]. Plaintiff claims that he requires the relief requested because he fears retaliation from SCI-Forest staff.
On February 3, 2022, Judge Lanzillo issued a Report and Recommendation ("R&R") recommending that Plaintiffs motion for injunctive relief be denied because he has failed to demonstrate either a likelihood of success on the merits or irreparable harm [ECF No. 11]. Objections to the R&R were due to be filed by February 22, 2022; however, no objections have been received to date.
After de novo review of Plaintiff s motion and other documents in the case, together with the report and recommendation, the following order is entered:
AND NOW, this 6th day of April, 2022;
IT IS HEREBY ORDERED that Plaintiffs motion for injunctive relief [ECF No. 8] is DENIED. The report and recommendation of Magistrate Judge Lanzillo, issued February 3, 2022 [ECF No. 11], is adopted as the opinion of the court.