Welch v. Spalding et al

Filing 33

ORDER Adopting 31 Report and Recommendation,Denying as Moot 30 Motion for TRO filed by William Welch. Signed by District Judge Paul D. Borman. (DTof)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIAM AUGUSTUS WELCH (#199544), Plaintiff, Case No. 12-cv-13172 Paul D. Borman United States District Judge Paul J. Komives United States Magistrate Judge v. DON SPAULDING, GLENN KUSEY, and BRAD PURVES, Defendants. _______________________________/ OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE KOMIVES’S JULY 23, 2013 REPORT AND RECOMMENDATION TO DENY PLAINTIFF’S MOTION FOR A TEMPORARY RESTRAINING AS MOOT BUT FOR REASONS NOT ARTICULATED BY THE MAGISTRATE JUDGE (ECF NO. 31); and (2) DENYING AS MOOT PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER (ECF NO. 30) On July 16, 2013, Plaintiff filed a Motion for Temporary Restraining Order. (ECF No. 30.) On July 23, 2013, Magistrate Judge Paul Komives issued a Report and Recommendation. (ECF No. 31.) Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Report and Recommendation to deny the motion as moot, not for the reasons articulated by Magistrate Judge Komives, but because Ramadan 2013 has now concluded and this TRO motion is MOOT. IT IS SO ORDERED. s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: September 24, 2013 1 CERTIFICATE 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 September 24, 2013. s/Deborah Tofil Case Manager 2

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