Tito v. NH, State of

Filing 75

/// ORDER approving 60 Report and Recommendation denying without prejudice 2 Motion for Preliminary Injunction, and denying without prejudice 9 Motion for an expedited ruling. The following motions are denied as moot: 64 Plaintiff's Motion to Withdraw his preliminary injunction motion, 66 Plaintiff's Motion to reinstate the preliminary injunction motion, and 69 Plaintiff's Motion to disregard the preliminary injunction motion. The court also denied without prejudice 65 Plaintiff's Motion for Protective Order as set forth therein. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Albert Tito
v.

Case No. 18-cv-25-SM

State of New Hampshire, et al.

O R D E R

After due consideration of plaintiff's response to the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated April 16, 2018 (Doc. No. 60), for the reasons
set forth therein, the court approves that Report and
Recommendation.

The request for a preliminary injunction in

Document No. 6, plaintiff's motion for expedited ruling or a
hearing (Doc. No. 9), and plaintiff's motion for a preliminary
injunction (Doc. No. 2) are denied, without prejudice to
plaintiff's ability to file a new motion for a preliminary
injunction, if circumstances warrant such relief.

Plaintiff's

motion to withdraw his preliminary injunction motion (Doc. No.
64), plaintiff's motion to reinstate the preliminary injunction
motion (Doc. No. 66), and plaintiff's motion to disregard the
preliminary injunction motion (Doc. No. 69) are all denied as
moot.

Plaintiff's motion for a "protective order" to keep him

safe (Doc. No. 65) is denied without prejudice, as the record

does not show that the injunctive relief requested (an order
keeping the New Hampshire State Prison defendants away from
plaintiff) is necessary to avoid any risk of irreparable harm to
plaintiff at this time.

SO ORDERED.

____________________________
Steven J. McAuliffe
United States District Judge
May 7, 2018
cc:

Albert Tito, pro se
Anthony Galdieri, Esq.

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