Opinion
Civil Action No. 04-cv-215-WDM-MJW.
October 26, 2005
ORDER ON RECOMMENDATION OF MAGISTRATE JUDGE
This matter is before me on the recommendation of Magistrate Judge Michael J. Watanabe, issued September 22, 2005, that Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction be denied. Plaintiff failed to file an objection to this recommendation and therefore is not entitled to de novo review. 28 U.S.C. § 636(b).
I have reviewed the pertinent portions of the record in this case, including the plaintiff's motion, his supporting brief, the defendants' responses, and the recommendation. I agree with the Magistrate Judge Watanabe's conclusion that Plaintiff has not "met his burden of establishing irreparable injury, let alone immediate irreparable injury." (Recommendation at 7-8) Thus, Plaintiff is neither entitled to a temporary restraining order, nor a preliminary injunction. See Fed.R.Civ.P. 65(b)(1); Kikumura v. Hurley, 242 F.3d 950, 955 (10th Cir. 2001).
Accordingly, it is ordered:
1. The recommendation of Magistrate Judge Watanabe, issued September 22, 2005 (Docket No. 74), is accepted.
2. Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction, filed August 8, 2005 (Docket No. 56), is denied.