Garrison et al v. Michigan Department of Corrections et al

Filing 17

ORDER denying 16 Motion for immediate consideration of motion for temporary restraining order. Signed by Magistrate Judge Charles E Binder. (JBro)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL GARRISON, GEORGE DAVIS, ERNIE JONES and RONALD WORDEN, Plaintiffs, vs. MICHIGAN DEPT. OF CORRECTIONS, PATRICIA CARUSO, MICHAEL MARTIN and JULIUS O. CURLING, Defendants. / ORDER ON PLAINTIFF GARRISON'S MOTION FOR IMMEDIATE CONSIDERATION
This order is entered under the authority given to this Magistrate Judge in an Order of Reference issued by District Judge Zatkoff pursuant to 28 U.S.C. § 636(b)(1)(A).

CASE NO: 09-10231 DISTRICT JUDGE LAWRENCE P. ZATKOFF MAGISTRATE JUDGE CHARLES E. BINDER

Plaintiff Garrison has filed a motion seeking immediate consideration of his request for a temporary restraining order. The court may only issue a temporary restraining order without notice to the adverse party if a plaintiff is in danger of suffering immediate and irreparable injury, loss, or damage. FED. R. CIV. P. 65(b). Plaintiff's allegations fail to meet this standard, and therefore the Court will address the issue once the responses are received from Defendants, those responses being due by April 10, 2009. Accordingly, Plaintiff Garrison's motion for immediate consideration is DENIED. Review of this order is governed by 28 U.S.C. § 636(b)(1), FED. R. CIV. P. 72, and E.D. Mich. LR 72.1(d).

s/

Charles` E Binder

Dated: March 26, 2009

CHARLES E. BINDER United States Magistrate Judge

CERTIFICATION I hereby certify that this Order was electronically filed this date, and served by first class mail on Michael Garrison, #237608, West Shoreline Correctional Facility, 2500 S. Sheridan Dr., Muskegon Heights, MI, 49444; on George Davis, #165673, Ernie Jones, #375655, and Ronald Worden, #235201, at Deerfield Correctional Facility, 1755 Harwood Rd., Ionia, MI, 48846-9457. Date: March 26, 2009 By s/Jean L. Broucek Case Manager to Magistrate Judge Binder