Jones v. Prison Health Services, Incorporated et al

Filing 56

ORDER Adopting Report and Recommendation for 4 Motion for Miscellaneous Relief filed by Scott Jones, 9 Motion to Appoint Counsel filed by Scott Jones, 3 Motion for Preliminary Injunction filed by Scott Jones Signed by District Judge Lawrence P. Zatkoff. (MVer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SCOTT JONES, Plaintiff, CASE NO. 11-12134 Hon. Lawrence P. Zatkoff v. PRISON HEALTH SERVICES, et al., Defendants, ________________________________________________/ OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORTS AND RECOMMENDATIONS Plaintiff filed this case pursuant to 42 U.S.C. § 1983, alleging that Defendants violated his rights by denying, or at least delaying, medical care with respect to his cancer. Plaintiff was in state prison when he filed this case but he was released on or about July 11, 2011. This matter is currently before the Court on two Reports and Recommendations prepared by Magistrate Judge Laurie Michelson’s, wherein the Magistrate Judge recommended that: (1) Plaintiff’s Motion for Preliminary Injunction (Docket #s 3) be denied; (2) Plaintiff’s Motion for Leave to Proceed under a Fictitious Name (Docket #4) be denied, and (3) Plaintiff’s Motion for the Appointment of Counsel (Docket #9) be denied. Plaintiff timely filed an objection to the Report and Recommendation that recommended that this Court deny the Motion to Proceed under a Fictitious Name and the Motion for Appointment of Counsel. Plaintiff did not file an objection to the Report and Recommendation recommending the denial of the Motion for Preliminary Injunction. After a thorough review of the court file (including Plaintiff’s motions and the parties’ briefs), the Reports and Recommendations, and Plaintiff’s objection to the Report and Recommendation regarding the Motion to Proceed under a Fictitious Name and the Motion for Appointment of Counsel, this Court will adopt both Reports and Recommendations and enter them as the findings and conclusions of this Court. Therefore, for the reasons stated above, the Court hereby ORDERS that: (1) Plaintiff’s Motion for Preliminary Injunction (Docket #s 3) is DENIED; (2) Plaintiff’s Motion for Leave to Proceed under a Fictitious Name (Docket #4) is DENIED; and (3) Plaintiff’s Motion for the Appointment of Counsel (Docket #9) is DENIED. IT IS SO ORDERED. S/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: October 24, 2011 2

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