Witzke v. Marlan et al

Filing 68

ORDER deeming withdrawn 31 Motion for Preliminary Injunction; deeming withdrawn 38 Motion to Amend/Correct; granting 57 Motion to Dismiss; adopting 62 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SCOTT ANDREW WITZKE,

Case No. 16-13753
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

Plaintiff,
v.
RUSS MARLAN, ET AL.,

U.S. MAGISTRATE JUDGE
ANTHONY P. PATTI

Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION [62]; GRANTING
PLAINTIFF’S MOTION TO DISMISS/WITHDRAW INJUNCTIVE RELIEF CLAIMS ON
MOOTNESS GROUNDS [57]; AND DEEMING AS WITHDRAWN PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTION [31], PLAINTIFF’S AMENDED MOTION FOR
PRELIMINARY INJUNCTION [38], AND ALL OTHER REQUESTS FOR INJUNCTIVE
RELIEF
Pro se Plaintiff Scott Andrew Witzke, a parolee, has brought claims against
various Michigan Department of Corrections (“MDOC”) officials pursuant to 42
U.S.C. § 1983. On March 19, 2018 the Magistrate Judge issued a Report and
Recommendation (R&R) [Dkt. #62] advising the Court to grant Plaintiff’s Motion
to Dismiss/Withdraw Injunctive Relief Claims on Mootness Grounds [57] and
deem as withdrawn Plaintiff’s Motion for Preliminary Injunction [31], Plaintiff’s
Amended Motion for Preliminary Injunction [38], and Plaintiff’s requests for
injunctive relief contained within the Amended Complaint [47]. Neither party filed
Objections to the R&R. Fed. R. Civ. P. 72(b)(2).
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The Court having reviewed the record, the Report and Recommendation [62]
is hereby ADOPTED and entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Dismiss/Withdraw Injunctive
Relief Claims on Mootness Grounds [57] is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Preliminary
Injunction [31], Plaintiff’s Amended Motion for Preliminary Injunction [38], and
all other requests for injunctive relief are DEEMED AS WITHDRAWN.
SO ORDERED.

Dated: April 12, 2018

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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