Middleton v. Berkley

Filing 29

ORDER denying 5 Motion for Preliminary Injunction and adopting 23 Report and Recommendations. Signed by Judge David R. Herndon on 7/5/17. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DWAYNE J. MIDDLETON,
Plaintiff,
v.
C/O BERKLEY,
et al.,
Defendants.

No. 17-cv-0547-DRH
MEMORANDUM and ORDER

HERNDON, District Judge:
Plaintiff Dwayne J. Middleton brought this pro se action for deprivations of
his constitutional rights pursuant to 42 U.S.C. § 1983.

According to the

complaint, defendants have been deliberately indifferent to plaintiff’s serious
medical condition. Specifically, plaintiff contends he suffers from Tourette’s
syndrome, a neurological disease which interferes with his ability to control his
body. Plaintiff contends he has been denied medication for his condition and, as a
result, has suffered several injuries because he is unable to control his body. On
May 25, 2017, the Court conducted its preliminary review of the complaint,
referred the matter to Magistrate Judge Stephen C. Williams, and construed the
complaint as containing a request for preliminary injunction (Doc. 4).
Pursuant to 28 U.S.C. ' 636(b)(1)(B), Magistrate Stephen C. Williams
submitted a Report and Recommendation (Athe Report@) on June 13, 2017 (Doc.
Page 1 of 2

23).

The Report recommends that the Court deny Middleton’s motion for

preliminary injunction because the defendants had begun medicating the plaintiff
for Tourette’s syndrome rendering the case without a controversy.

The Report

was sent to the parties with a notice informing them of their right to appeal by way
of filing Aobjections@ on or before June 30, 2017 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. 23). The Court DENIES
Middleton’s motion for preliminary injunction (Doc. 5) for the reasons given in the
Report and Recommendation.
IT IS SO ORDERED.
Signed this 5th day of July, 2017.

Digitally signed by Judge
David R. Herndon
Date: 2017.07.05
11:08:51 -05'00'
United States District Judge

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