Censke #10929-040 (Formerly MDOC #484602) v. Marquette, County of, et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION 27 re 25 : Plaintiff's Motion for Protective Order and/or Preliminary Injunction is DENIED; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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

THOMAS ANDREW CENSKE,
Plaintiff,
v.

Case No. 2:11-CV-119

COUNTY OF MARQUETTE, et al.,

HON. GORDON J. QUIST

Defendants.
____________________________/
ORDER
Plaintiff has filed an Objection to Magistrate Judge Greeley’s Report and Recommendation
entered on March 8, 2012, in which Magistrate Judge Greeley recommends that Plaintiff’s motion
for protective order and/or preliminary injunction be denied. The magistrate judge recommended
denial based upon Defendant’s representation that the Marquette County Sheriff’s Department will
inform the United States Marshal’s Service that alternative housing should be found for Plaintiff
while he is in Marquette for sentencing in his criminal case, United States v. Censke, No. 2:08-cr-19
(W.D. Mich.). The magistrate judge recommended denial because Plaintiff’s motion is moot in light
of Defendant’s representations that Plaintiff will not be housed at the Marquette County Jail upon
his return to Marquette.
The Court has conducted a de novo review of the Report and Recommendation, in light of
Plaintiff’s Objections, and concludes that the Report and Recommendation should be adopted.
In spite of Plaintiff’s Objections, Plaintiff fails to offer any reason to doubt Defendant’s
representation that the Marquette County Jail will inform the Marshal’s Service to find alternate
housing for Plaintiff. At this juncture, it appears that Plaintiff will not be housed at the Marquette
County Jail. Thus, his motion is moot. Therefore,

IT IS HEREBY ORDERED that the Report and Recommendation issued on March 8,
2012, is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Protective Order and/or
Preliminary Injunction (docket no. 25) is DENIED.

Dated: May 7, 2012

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE

2