Sango v. Harpst et al

Filing 17

ORDER Adopting Report and Recommendation for 4 Motion for Preliminary Injunction filed by Robert Sango, Denied 10 Motion to Withdraw filed by Robert Sango, Denied 6 Report and Recommendation Signed by District Judge Arthur J Tarnow. (TTay)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT SANGO, #252200 Plaintiff, v. MATT HARPST and J. EATON, Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION [6], DENYING AS MOOT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [4], and DENYING AS MOOT PLAINTIFF'S MOTION TO WITHDRAW [10] This is a prisoner civil rights action in which Plaintiff complains that, in retaliation for Plaintiff's prior litigation, Defendant Harpst denied Plaintiff a prison job and Defendant Eaton frustrated Plaintiff's attempt to file a related administrative grievance. On July 17, 2008, Plaintiff filed a Motion for Preliminary Injunction [4]. That motion was referred [5] to the Magistrate Judge, who issued a Report and Recommendation [6] on August 12, 2008, recommending that Plaintiff's motion be denied. Plaintiff timely filed an Objection [8] to the Magistrate's recommendation; however, Plaintiff subsequently moved [10] to withdraw his original Motion for Preliminary Injunction [4]. Shortly thereafter, on October 2, 2008, the Magistrate issued a Report and Recommendation [12] addressing Defendant's Motion for Summary Judgment [9], and Plaintiff's Response [11]. The Court issued an Order ­ which appears twice on the docket, as entries numbered [15] and [16] ­ in which the Court: adopted the Report and Recommendation [12], granted Defendant's Motion for Summary Judgment [9], denied as moot Plaintiff's Motion to Appoint Counsel [13], and dismissed the case. Now, in light of the Court's intervening dismissal of this case, IT IS HEREBY ORDERED that the Magistrate Judge's earlier-filed Report and Case No. 08-12709 District Judge Arthur J. Tarnow Magistrate Judge Mona K. Majzoub

Recommendation [6] is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Preliminary Injunction [4] is DENIED AS MOOT, and Plaintiff's subsequent Motion to Withdraw [10] his prior motion is likewise DENIED AS MOOT. SO ORDERED.

S/ARTHUR J. TARNOW Arthur J. Tarnow United States District Judge Dated: February 11, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on February 11, 2009, by electronic and/or ordinary mail. S/THERESA E. TAYLOR Case Manager