Duncan v. Cleland et al

Filing 52

ORDER denying 24 MOTION for Temporary Restraining Order filed by Alan Duncan and adopting 45 REPORT AND RECOMMENDATIONS. Signed by Judge David R. Herndon on 8/16/2017. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALAN DUNCAN,
Plaintiff,
v.
CHARLES PEARCE,
et al.,
Defendants.

No. 16-cv-1366-DRH
MEMORANDUM and ORDER

HERNDON, District Judge:
Plaintiff Alan Duncan brought this pro se action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983. According to the complaint,
the prison officials at Pickneyville subjected him to excessive force and were
deliberately indifferent to his related injuries.

On April 13, 2017, the Court

conducted its preliminary review of the complaint and referred the matter to
Magistrate Judge Reona J. Daly (Doc. 14). Thereafter, Duncan filed a motion for
temporary restraining order (Doc. 24). Specifically, Duncan seeks a transfer from
Menard to another facility as he claims he is not safe at Menard.
Pursuant to 28 U.S.C. ' 636(b)(1)(B), Magistrate Daly submitted a Report
and Recommendation (Athe Report@) on July 24, 2017 (Doc. 45).

The Report

recommends that the Court deny Duncan’s motion for temporary restraining
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order.

The Report found that the relief requested is outside the scope of the

complaint as none of the claims in this case arise out of Duncan’s conditions of
confinement at Menard.

The Report was sent to the parties with a notice

informing them of their right to appeal by way of filing Aobjections@ within 14 days
of service of the Report. To date, none of the parties has filed objections. The
period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. '
636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S.
140, 149-52 (1985).
Accordingly, the Court ADOPTS the Report (Doc. 45). The Court DENIES
Duncan’s motion for temporary restraining order (Doc. 24) for the reasons given in
the Report and Recommendation.
IT IS SO ORDERED.
Signed this 16th day of August, 2017.

Judge Herndon
2017.08.16
11:05:54 -05'00'
United States District Judge

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