Royster v. Imbrogno et al

Filing 14

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 12 in that the 2 Motion for Temporary Restraining Order is DENIED. Signed by Judge George C. Smith on 2/9/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JEROME ROYSTER, Petitioner, CASE NO. 2:16-CV-1174 JUDGE GEORGE C. SMITH MAGISTRATE JUDGE KEMP v. ANDRE IMBROGNO, et al., Respondents. OPINION AND ORDER On January 30, 2017, the Magistrate Judge issued a Report and Recommendation recommending that Petitioner’s Motion for Temporary Restraining Order (ECF No. 2) be denied. (ECF No. 12). Petitioner has filed an Objection to the Magistrate Judge’s Report and Recommendation. (ECF No. 13). Petitioner objects to the Magistrate Judge’s denial of his Motion for Temporary Restraining Order. Petitioner argues that the Magistrate improperly addressed his motion and should not have considered, in determining whether to grant the Motion for Temporary Restraining Order, Petitioner’s likelihood of success. Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the reasons addressed in the Magistrate Judge’s Report and Recommendation, this Court likewise concludes that that Petitioner has failed to establish that issuance of a temporary restraining order is appropriate. Petitioner’s Objection (ECF No. 13) is OVERRULED. Recommendation (ECF No. 12) is ADOPTED and AFFIRMED. The Report and The Motion for Temporary Restraining Order (ECF No. 2) is DENIED. IT IS SO ORDERED. s/ George C. Smith__________________ GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT 2

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