Vaughn v. Vickers

Filing 45

ORDER ADOPTING 37 REPORT AND RECOMMENDATION dated September 9, 2009. It is further ORDERED that 29 plaintiff's motion for preliminary injunctive relief is denied. Signed by District Judge Scott O. Wright on 10/6/2009. (Sandridge, Susan)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

QUINCY DelMARIO VAUGHN, Register No. 1081978, Plaintiff, v. LEON VICKERS, et al., Defendants.

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Case No. 09-4056-CV-C-SOW

ORDER On September 9, 2009, United States Magistrate Judge William A. Knox recommended that plaintiff's motion for preliminary injunctive relief be denied. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1)(C). The court has conducted a de novo review of the record1, including defendants' September 14, 2009 supplemental response in opposition to plaintiff's motion for a temporary restraining order, and plaintiff's exceptions filed on September 21, 2009. The issues raised in plaintiff's exceptions were adequately addressed in the Report and Recommendation. Plaintiff's medical claims can be addressed during the normal processing of this case. The court is persuaded that the

recommendation of the Magistrate Judge is correct and should be adopted. IT IS, THEREFORE, ORDERED that [37] the Report and Recommendation of September 9, 2009, is adopted. It is further

Court proceedings, if any, are recorded by electronic recording equipment and the tapes are available for review by the court and counsel.

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ORDERED that [29] plaintiff's motion for preliminary injunctive relief is denied.

/s/ Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge DATED: October 6, 2009 Kansas City, Missouri

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