Kensu v. Borgerding, M.D. et al

Filing 153

OPINION and ORDER Adopting Magistrate Judge's 146 Report and Recommendation, and Denying Plaintiff's 101 Motion for Temporary Restraining Order and Preliminary Injunctive Relief. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TEMUJIN KENSU,
Plaintiff,
Civil Case No. 16-13505
Honorable Linda V. Parker

v.
WILLIAM BORGERDING, M.D.,
et al.
Defendants.
______________________/

OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S OCTOBER
31, 2018 REPORT AND RECOMMENDATION [ECF NO. 146] AND
DENYING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING
ORDER AND PRELIMINARY INJUNCTIVE RELIEF [ECF NO. 101]
This matter presently is before the Court on Plaintiff’s “Emergency Motion
for Temporary Restraining Order and Preliminary Injunctive Relief.” (ECF No.
101.) The matter has been assigned to Magistrate Judge Stephanie Dawkins Davis
for all pretrial proceedings, including a hearing and determination of all nondispositive 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). (ECF No. 30.) Magistrate Judge Davis held a hearing with respect
to Plaintiff’s motion on May 2 and June 7, 2018, by which time the only issue
remaining in Plaintiff’s motion was the manner his prescription for Cialis was
dispensed to him (i.e., it was dispensed at health care but Plaintiff wanted to keep
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the medication on his person) and whether to provide a medical monitor to oversee
his care. On October 31, 2018, Magistrate Judge Davis issued a Report and
Recommendation (R&R) recommending that the Court deny Plaintiff’s motion.
(ECF No. 146.)
At the conclusion of the R&R, Magistrate Judge Davis advises the parties
that they may object to and seek review of the R&R within fourteen days of service
upon them. (Id. at Pg ID 3693-94.) She further specifically advises the parties that
“[f]ailure to timely file objections constitutes a waiver of any further right to
appeal.” (Id. at Pg ID 3693.) The parties stipulated to extend the time to
November 21, 2018 for Plaintiff to file objections to the R&R (see ECF No. 147).
Nevertheless, 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 Davis. The Court therefore adopts the R&R.
Accordingly,
IT IS ORDERED that Plaintiff’s emergency motion for temporary
restraining order and preliminary injunction (ECF No. 101) is DENIED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: December 12, 2018

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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 12, 2018, by electronic and/or
U.S. First Class mail.
s/ R. Loury
Case Manager

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