Adams #462766 v. Lewis et al

Filing 11

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 8 : denying 7 motion for a temporary restraining order; signed by Chief Judge Hala Y. Jarbou (aks)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

DAVID ADAMS #462766,
Plaintiff,
Case No. 2:23-cv-218
v.
Hon. Hala Y. Jarbou
PATRICIA LEWIS, et al.,
Defendants.
___________________________________
ORDER
On December 26, 2023, Plaintiff, David Adams, a prisoner housed at the Michigan
Department of Corrections’ (“MDOC”) Baraga Correctional Facility (AFM) filed a motion for a
temporary restraining order (“TRO”) (ECF No. 7).

Before the Court is a Report and

Recommendation (“R&R”) from the magistrate judge recommending that Adams’s motion for a
TRO be denied (ECF No. 8). Also before the Court are Adams’s objections to the R&R (ECF
No. 9).
Adams objects to the R&R on the basis that he has satisfied the elements necessary to
sustain a request for a TRO. (Pl.’s Objs. ¶ 2.) However, the Court considered and rejected
Adams’s request for a preliminary injunction rendering this subsequent request for a TRO on the
same facts moot. (See 12/5/2023 Op., ECF No. 5.) The magistrate judge recognized this
inconsistency and recommended that the Court deny Adams’s request on that basis. (See R&R 23.) Since the Court does not find error with the magistrate judge’s analysis and Adams’s objections
to the R&R do not address that aspect of the opinion, the Court will approve and adopt the R&R
and deny his motion for a TRO.

IT IS ORDERED that the Report and Recommendation (ECF No. 8) is APPROVED and
ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Adams’s request for a temporary restraining order
(ECF No. 7) is DENIED.

Dated: March 26, 2024

/s/ Hala Y. Jarbou
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE

2