GRIEGO v. JONES

Filing 54

ORDER adopting 51 Report and Recommendation on Motion for Injunction. The "Emergency Motion for Injunction/Motion to Prohibit Respondent from Interfering with Petitioner's U.S. Constitutional Right to Access the Courts and Compel Respondent to Protect the Same," filed by Petitioner Anthony Rogelio Griego, ECF No. 49 , is DENIED without prejudice to Petitioner bringing the claims concerning the conditions of confinement in a properly filed § 1983 civil r ights proceeding. Clerk of Court shall provide Petitioner with a civil rights complaint form for use by prisoners in civil rights actions under 42 U.S.C. § 1983. Signed by SENIOR JUDGE LACEY A COLLIER on 5/13/2019. (Form mailed w/ORDER). (MB)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

ANTHONY ROGELIO GRIEGO,
Petitioner,
v.

Case No. 3:17cv66-LC/CAS

MARK S. INCH, Secretary,
Florida Department of
Corrections,
Respondent.
_________________________/
ORDER
This cause comes on for consideration upon the Report and
Recommendation On Motion for Injunction of the United States Magistrate
Judge, ECF No. 51, dated April 1, 2019, recommending that the
“Emergency Motion for Injunction/Motion to Prohibit Respondent from
Interfering with Petitioner’s U.S. Constitutional Right to Access the Courts
and Compel Respondent to Protect the Same,” ECF No. 49, be denied
without prejudice to Petitioner filing a § 1983 civil rights complaint. The
parties have been furnished a copy of the Report and Recommendation
and have been afforded an opportunity to file objections. No objections
have been filed.

Page 2 of 2

Having considered the report and recommendation, I have
determined that it should be adopted.
Accordingly, it is ORDERED as follows:
1. The Report and Recommendation on Motion for Injunction, ECF
No. 51, is adopted and incorporated by reference in this order.
2. The “Emergency Motion for Injunction/Motion to Prohibit
Respondent from Interfering with Petitioner’s U.S. Constitutional Right to
Access the Courts and Compel Respondent to Protect the Same,” filed by
Petitioner Anthony Rogelio Griego, ECF No. 49, is DENIED without
prejudice to Petitioner bringing the claims concerning the conditions of
confinement in a properly filed § 1983 civil rights proceeding.
3. The Clerk of Court shall provide Petitioner with a civil rights
complaint form for use by prisoners in civil rights actions under 42 U.S.C.
§ 1983.
DONE AND ORDERED this 13th day of May, 2019.

s/ L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:17cv66-LC/CAS