Maclin v. Holden et al

Filing 48

ORDER Accepting and Adopting 42 Report and Recommendation and Striking 40 Plaintiff's Request for Preliminary Injunction. Signed by District Judge Gershwin A. Drain. (DWor)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROSS MACLIN,
Plaintiff,
Case No. 12-12480
HON. GERSHWIN A. DRAIN
vs.

KELLY HOLDEN, et al.,
Defendants.
_______________________/
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#42]
AND STRIKING PLAINTIFF’S REQUEST FOR PRELIMINARY INJUNCTION [#40]

On June 7, 2012, Plaintiff brought the instant prisoner civil rights action alleging Defendants
have violated his First Amendment rights. This matter has been referred to Magistrate Judge Mark
A. Randon, who granted Plaintiff’s request for the appointment of counsel on September 26, 2013.
On that same date, counsel filed a Notice of Appearance and Plaintiff filed a Request for Preliminary
Injunction.
On September 30, 2013, Magistrate Judge Randon issued a Report and Recommendation
recommending the Court strike Plaintiff’s Request for Preliminary Injunction because Plaintiff is
currently represented by counsel. See 28 U.S.C. § 1654. No objections have been filed to the
Report and Recommendation. Upon review of the Report and Recommendation, the Court
concludes that Magistrate Judge Randon reached the correct conclusion.

-1-

Accordingly, Magistrate Judge Mark A. Randon’s September 30, 2013 Report and
Recommendation [#42] is ACCEPTED AND ADOPTED. Plaintiff’s Request for Preliminary
Injunction [#40] is HEREBY STRICKEN.
SO ORDERED.
Dated: January 14, 2014
/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
January 14, 2014, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Deputy Clerk

-2-