Opinion
2:09cv1568.
October 6, 2010
MEMORANDUM ORDER
AND NOW, this 6th day of October, 2010, after de novo review of the record and upon due consideration of [75] the magistrate judge's report and recommendation filed on July 1, 2010, and [79] plaintiff's objections thereto, IT IS ORDERED that [52] Plaintiff's Motion for Preliminary Injunction be, and the same hereby is, denied. The report and recommendation as augmented herein is adopted as the opinion of the court.
Plaintiff's objections are without merit. Merely needing ongoing treatment for "hypertion" (sic), a broken right toe and athlete's feet and alleging a lag time in receiving prescriptions or further recommended treatment falls short of the showing needed to establish imminent irreparable harm. Furthermore, having such maladies and receiving treatment in the manner described establishes only that a potential exists that the dire conditions highlighted by plaintiff may come to pass, which is conjectural. Consequently, the standards for injunctive relief have not been satisfied.