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)

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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

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