Blackmon v. Haynes-Love et al

Filing 31

OPINION and ORDER (1) Adopting Magistrate Judge's 27 Report and Recommendation; (2) Denying Without Prejudice Plaintiff's 20 Motion to Appoint Counsel; and Denying 21 Motion for Preliminary Injunction. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DWIGHT FRANKLIN BLACKMON,
Plaintiff,

Civil Case No. 16-12671
Honorable Linda V. Parker

v.
HAYNES-LOVE, SPENCER BURKE,
GOMEZ, JOHN DOE, AND BREWER,
Defendants.
__________________________________/
OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE’S
NOVEMBER 7, 2016 REPORT & RECOMMENDATION AND (2)
DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTIONS TO
APPOINT COUNSEL AND FOR PRELIMINARY INJUNCTION
Plaintiff commenced this lawsuit against Defendants on July 19, 2016. On
October 25, 2016, Plaintiff filed a Motion to Appoint Counsel and a Motion for
Preliminary Injunction. (ECF Nos. 20, 21.) The matter has been assigned to
Magistrate Judge Patricia T. Morris for all pretrial proceedings, including a hearing
and determination of all non-dispositive matters pursuant to 28 U.S.C.
§ 636(b)(1)(A) and/or a report and recommendation on all dispositive matters
pursuant to 28 U.S.C. § 636(b)(1)(B).
On November 7, 2016, Magistrate Judge Morris issued a report and
recommendation (“R&R”) recommending that the Court deny without prejudice
Plaintiff’s motions. (ECF No. 27.) At the conclusion of her R&R, Magistrate

Judge Morris advises the parties that they may object to and seek review of the
R&R within fourteen days of service upon them. (Id. at 9.) She further
specifically advises the parties that “[f]ailure to file specific objections constitutes
a waiver of any further right to appeal.” (Id.) Neither party filed objections to the
R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Morris. The Court therefore adopts the R&R.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Appoint Counsel (ECF No. 20)
and Motion for Preliminary Injunction (ECF No. 21) are DENIED WITHOUT
PREJUDICE.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: December 2, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, December 2, 2016, by electronic and/or
U.S. First Class mail.
s/ Richard Loury
Case Manager

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