Robinson v. Rodarte et al

Filing 41

ORDER ACCEPTING REPORT AND RECOMMENDATION 38 AND DENYING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF 36 . Signed by District Judge Gershwin A. Drain. (TBan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TIMOTHY R. ROBINSON, Case No. 16-cv-13691 Plaintiff, UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN v. EDWARD RODARTE, ET AL., UNITED STATES MAGISTRATE JUDGE PATRICIA T. MORRIS Defendant. __________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION [38] AND DENYING PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF [36] Plaintiff Timothy Robinson commenced this action on October 14, 2016, and in his initial Complaint, he raised several claims against numerous Defendants. Dkt. No. 1. The Court on March 15, 2017 granted the Defendants’ Motion to Sever the claims asserted. See Dkt. No. 25. Accordingly, the only remaining claim is “that the St. Louis Correctional Facility Mailroom Staff unlawfully opened Plaintiff’s legal mail.” See id. at p. 2 (Pg. ID 122). Robinson filed a Motion for Injunctive Relief on September 29, 2017, and this motion was referred to Magistrate Judge Patricia T. Morris. See Dkt. No. 36. On October 12, 2017, Magistrate Judge Morris issued a Report and Recommendation recommending that the Court deny Plaintiff’s Motion for Injunctive Relief. Dkt. No. 38. There are no objections to Magistrate Judge Morris’s Report and Recommendation, and the time for filing objections has expired. See 28 U.S.C. § 636(b)(1)(C). Upon review of the Magistrate Judge’s Report and Recommendation, the Court finds that the Magistrate Judge has reached the correct conclusion. Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Morris’s October 12, 2017 Report and Recommendation [38] as this Court’s findings of fact and conclusions of law. Plaintiff’s Motion for Injunctive Relief [36] is HEREBY DENIED. IT IS SO ORDERED. Dated: February 7, 2018 /s/Gershwin A. Drain GERSHWIN A. DRAIN United States District Judge CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on February 7, 2018, by electronic and/or ordinary mail. /s/ Tanya Bankston Deputy Clerk 2

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