Watson v. Jamsen et al

Filing 74

OPINION and ORDER Adopting Magistrate Judge's 70 Report and Recommendation, and Denying Plaintiff's 43 Motion for Preliminary Injunction. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DERRYL WATSON,
Plaintiff,
Case No. 16-cv-13770
Honorable Linda V. Parker

v.
CHARLES JAMSEN, et al.,
Defendants.
________________________________/

OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S JUNE 25,
2018 REPORT AND RECOMMENDATION AND DENYING PLAINTIFF’S
MOTION FOR PRELIMINARY INJUNCTION (ECF NO. 43)
On October 21, 2016, Plaintiff filed this pro se complaint under 42 U.S.C. §
1983, alleging deliberate indifference to his serious medical condition in violation
of the Eighth Amendment. (ECF No. 1.) This matter was referred to Magistrate
Judge R. Steven Whalen 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 (“R&R”) on all dispositive matters pursuant
to 28 U.S.C. § 636(b)(1)(B). (ECF No. 5.) On October 2, 2017, Plaintiff filed a
Motion for Preliminary Injunction based on prison officials’ alleged failure to
accommodate his medical requests. (ECF No. 43.)

On June 25, 2018, Magistrate Judge Whalen issued an R&R recommending
that this Court deny Plaintiff’s motion for preliminary injunction. (ECF No. 70.)
At the conclusion of the R&R, Magistrate Judge Whalen advised 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 476.) He further specifically advised the parties that
“[f]ailure to file specific objections constitutes a waiver of any further right to
appeal.” (Id.) Neither Plaintiff nor Defendants filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Whalen. The Court, therefore, adopts Magistrate
Judge Whalen’s June 25, 2018 R&R.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for preliminary injunction (ECF
No. 43) is DENIED.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: July 24, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, July 24, 2018, by electronic and/or U.S.
First Class mail.
s/ R. Loury
Case Manager
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