Renoir-Large et al v. Lane

Filing 74

ORDER denying #44 Motion for Protective Order; adopting Report and Recommendations re #59 Report and Recommendations.; granting #63 Motion for Modificaton of Order. Signed by Judge Algenon L. Marbley on 7/6/2011. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

GABRIELLE RENOIR-LARGE, et al.,
Plaintiffs,

vs.

Civil Action 2:11-CV-0023
Judge Marbley
Magistrate Judge King

NORMA DARWIN LANE,
Defendant.
ORDER
On May 20, 2011, the United States Magistrate Judge issued a
Report and Recommendation recommending that defendant’s motion for a
temporary restraining order and/or preliminary injunction, Doc. No.
44,1 be denied.

Report and Recommendation, Doc. No. 59.

The parties

were specifically advised of their right to object to the Report and
Recommendation and of the consequences of their failure to do so.
While no party has filed an objection to the Report and
Recommendation, defendant has filed a request to modify the Magistrate
Judge’s recommendation2 in order to accurately reflect two allegations
contained in her motion.
Order, Doc No. 63.

Defendant’s Request for Modification of

Specifically, defendant first asks the Court to

modify the recommendation to reflect her allegation that she received
a telephone call at 6:11 p.m. in which plaintiff Ransbottom screamed

1

The Court construed defendant’s request for “an Order of Protection” to
be a request for a temporary restraining order and/or preliminary injunction.
Order, Doc. No. 46.
2

Defendant mistakenly refers to the Magistrate Judge’s recommendation as
an “order.” Doc. No. 63 (referring to the decision issued on May 20, 2011 and
attaching a page from the Report and Recommendation).

at her and used profanity.

Id.

Defendant also seeks modification

reflecting her allegation that she received a second telephone call at
5:11 a.m. on December 31, 2010, during which there was dead silence.
Id.

Defendant’s request in this regard, Doc. No. 63, is GRANTED.
With that exception, the Report and Recommendation is hereby

ADOPTED and AFFIRMED.

Defendant’s motion for a temporary restraining

order and/or preliminary injunction, Doc. No. 44, is DENIED.

s/Algenon L. Marbley
Algenon L. Marbley
United States District Judge
DATED:

July 6, 2011

2