Catanzaro v. MDOC et al

Filing 68

ORDER adopting 27 Report and Recommendation; denying 14 Motion for Preliminary Injunction; denying 14 Motion for TRO. Signed by District Judge Thomas L Ludington. (SGam)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION MATTHEW CATANZARO, MICHAEL GARRISON, Plaintiffs, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al, Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER This matter is before the Court on a report and recommendation issued by Magistrate Judge R. Steven Whalen on December 17, 2008. The magistrate judge recommended that the Court deny Plaintiff Michael Garrison's motion for a preliminary injunction and temporary restraining order [Dkt. # 14] because Plaintiff has not shown a strong likelihood of success on the merits, and Plaintiff's allegations that he or others will suffer irreparable harm if injunctive relief is not granted and that an injunction would serve the public interest are highly speculative. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Case Number 08-11173 Honorable Thomas L. Ludington Magistrate Judge R. Steven Whalen

Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt # 27] is ADOPTED. It is further ORDERED that Plaintiff Michael Garrison's motion for a preliminary injunction and temporary restraining order [Dkt. # 14] is DENIED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: February 24, 2009

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 24, 2009. s/Tracy A. Jacobs TRACY A. JACOBS