Evans #367619 v. Caruso et al

Filing 25

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 16 , denying motion 5 ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ALRELIO L. EVANS, Plaintiff, v. Case No. 2:11-cv-492 HON. R. ALLAN EDGAR PATRICIA L. CARUSO, et al, Defendants. ____________________________________/ MEMORANDUM AND ORDER Plaintiff Alrelio L. Evans, a Michigan state prisoner in the custody of the Michigan Department of Corrections (MDOC), brings this federal civil rights action under 42 U.S.C. § 1983. Plaintiff Evans moves the Court to issue a temporary restraining order and preliminary injunction under Fed. R. Civ. P. 65 requiring the defendants and MDOC to immediately place him on a Kosher diet. [Court Doc. No. 5]. On July 26, 2012, Magistrate Judge Timothy P. Greeley submitted his report and recommendation that the motion be denied. [Court Doc. No. 16]. Plaintiff Evans has not timely filed any objections 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). The plaintiff’s motion for a temporary restraining order and preliminary injunction under Fed. R. Civ. P. 65 [Court Doc. No. 5] is DENIED. SO ORDERED. Date: August 16, 2012 /s/ R. Allan Edgar R. ALLAN EDGAR UNITED STATES DISTRICT JUDGE

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