Brandon #269552 v. Bergh et al

Filing 125

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 54 , and denying plaintiff's motion for temporary restraining order or preliminary injunction 31 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION

IS R A E L BRANDON, P l a in tif f , F ile No. 2:08-CV-152 v. HON. ROBERT HOLMES BELL D A V ID BERGH, et al., D e f e n d a n ts . ____________________________/ O R D E R AND JUDGMENT ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION O n November 25, 2008, United States Magistrate Judge Timothy P. Greeley issued a report and recommendation ("R&R") recommending that Plaintiff's request for injunctive re lief be denied. After obtaining an extension of time to file his objections (Dkt. No. 79), P la in tif f filed objections to the report and recommendation on January 9, 2009. (Dkt. No. 9 2 .) This Court is required to make a de novo determination of those portions of the R&R to which objection has been made, and may accept, reject, or modify any or all of the M a g is tra te Judge's findings or recommendations. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 7 2 (b ). Plaintiff's objections are essentially a restatement of his claim that he is being served c o n ta m in a te d food, and these contentions are adequately addressed in the report and

rec o m m en d atio n . Because Plaintiff has not identified any errors in the Magistrate Judge's a n a lysis , and because the Court agrees with the Magistrate Judge that Plaintiff has failed to m e e t his heavy burden of establishing that the extraordinary and drastic remedy of an in ju n c tio n is appropriate under the circumstances, IT IS HEREBY ORDERED Plaintiff's objections to the November 25, 2008, R&R a re DENIED. I T IS FURTHER ORDERED that the November 25, 2008, R&R (Dkt. No. 54) is A P P R O V E D and ADOPTED as the opinion of the Court. I T IS FURTHER ORDERED that Plaintiff's motion for temporary restraining order o r preliminary injunction (Dkt. No. 31) is DENIED.

Dated: May 13, 2009

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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