Hulvey #257790 v. Quigley et al

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATION 48 , denying motion 26 ; signed by Judge R. Allan Edgar (EDTN Judge R. Allan Edgar, cam)

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

ROBERT HULVEY, Plaintiff, v. Case No. 2:08-cv-237 HON. R. ALLAN EDGAR

DANIEL QUIGLEY, et. al., Defendants. ____________________________________/

ORDER

Plaintiff Robert Hulvey, a Michigan state prisoner in the custody of the Michigan Department of Corrections, brings this pro se civil rights action under 42 U.S.C. § 1983. Plaintiff Hulvey made a motion for a "declaratory order" or preliminary injunction [Doc. No. 26] seeking to be moved or transferred to a safe prison environment and assigned to a different security level. On February 18, 2009, Magistrate Judge Timothy P. Greeley submitted his report and recommendation [Doc. No. 48] pursuant to 28 U.S.C. § 636(b)(1)(B) and W.D. Mich. LCivR 72.1(c). It is recommended that the plaintiff's motion be denied. Plaintiff Hulvey has not timely filed an objection to the report and recommendation. After reviewing the record, the Court ACCEPTS and ADOPTS the report and recommendation pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b), and W.D. Mich. LCivR 72.3(b). Accordingly, the plaintiff's motion for a "declaratory order" or preliminary injunction [Doc. 1

No. 26] is DENIED. SO ORDERED. Date: March 11, 2009.

/s/ R. Allan Edgar R. ALLAN EDGAR UNITED STATES DISTRICT JUDGE

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