Moore v. Pantoja et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION 30 of Magistrate Judge Charles Goodwin and denies plaintiff's motion for temporary restraining order and/or request for preliminary injunction 22 . Signed by Honorable Joe Heaton on 08/18/2016. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHARLES LEE MOORE II,
Plaintiff,
vs.
LT. PANTOJA, et al.,
Defendants.

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NO. CIV-15-688-HE

ORDER
Plaintiff, Charles Moore, a state prisoner appearing pro se, filed this § 1983 action
against defendants, correctional officers at the Oklahoma State Reformatory in Granite,
Oklahoma, asserting excessive force and failure to protect claims. Consistent with 28 U.S.C.
§ 636(b), the matter was referred for initial proceedings to Magistrate Judge Charles B.
Goodwin, who has recommended that a motion for temporary restraining order and/or
request for preliminary injunction filed by plaintiff be denied. In his motion plaintiff asks
the court to enjoin the Oklahoma Department of Corrections from transferring him from
Joseph Harp Correctional Center, where he currently is incarcerated. The magistrate judge
recommended that the motion be denied for several reasons, including the lack of
relationship between the relief sought by the injunction and plaintiff’s claims in his
complaint.
Plaintiff did not object to the magistrate judge’s Report and Recommendation. He
thereby waived his right to appellate review of the factual and legal issues it addressed.
Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010); see 28 U.S.C. §636(b)(1)(C).

Accordingly, the court ADOPTS Magistrate Judge Goodwin’s Report and
Recommendation [Doc. #30] and DENIES plaintiff’s motion for temporary restraining order
and/or request for preliminary injunction [Doc. #22].
IT IS SO ORDERED.
Dated this 18th day of August, 2016.

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