Walker v. Mattingly et al

Filing 18

ORDER adopting Report and Recommendation re 9 denying plaintiff's request for a temporary restraining order. Case is referred back to Magistrate Judge for further proceedings. Signed by Hon. Richard J. Arcara on 1/20/2010. (JMB)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

LA M O N T W A LK E R , v. ORDER 09-CV-845

S U S A N N A MATTINGLY, et al., D e fe n d a n ts .

T h is case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., p u rs u a n t to 28 U.S.C. § 636(b)(1)(A). Plaintiff filed a motion for a temporary

re s tra in in g order and preliminary injunction seeking, inter alia, immediate release fro m custody. On December 22, 2009, Magistrate Judge Schroeder filed a Report a n d Recommendation, recommending that plaintiff's request for a temporary re s tra in in g order be denied and directing defendants to file and serve a response to p la in tiff's affidavit and memorandum of law in support of his request for a preliminary in ju n c tio n within 25 days of entry of the Order. T h e Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no o b je c tio n s having been timely filed, it is hereby O R D E R E D , that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set fo rth in Magistrate Judge Schroeder's Report and Recommendation, plaintiff's

request for a temporary restraining order is denied. This case is referred back to M a g is tra te Judge Schroeder for further proceedings. SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: January 20 , 2010

2