KERCH v. JOHNSON et al

Filing 36

ORDER ADOPTING 32 Report and Recommendations and DENYING 3 Motion for TRO. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/19/2018. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

PHILLIP NATHAN KERCH,
Plaintiff,
v.
Warden GLEN JOHNSON, et al.,

Defendants.

)
)
)
)
)
)
)
)
)
)
)

CASE NO. 5:17-CV-186(MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends denying the
Plaintiff’s motion for a temporary restraining order (Doc. 3) because the motion is moot
and, in the alternative, the Plaintiff has failed to satisfy the necessary prerequisites for
the Court to issue of such a drastic remedy. Doc. 32. The Plaintiff, who is proceeding
pro se, has not objected and indeed has made a handwritten filing in which he agrees
that his motion is now moot. See Doc. 35 at 1 (“I was moved to Ga. State Prison and I
received the Recomme[n]dation Order late—yet the T.R.O. is moot due to me no longer
there [sic], yet I hope this Court allows us to proceed to the next phase in this matter
and that the defendants are punished for all I was put through as all the documents can
show.”). The Court has reviewed the Recommendation, and the Court accepts and
adopts the findings, conclusions, and recommendations of the Magistrate Judge.
Accordingly, the Recommendation (Doc. 32) is ADOPTED and made the order of this
Court, and the Plaintiff’s motion (Doc. 3) is DENIED.

SO ORDERED, this 19th day of January, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

‐2‐