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.)

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

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