Morris v. Fallin et al
ORDER denying 45 Motion for Permanent Injunction; adopting Report and Recommendations re 50 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 9/1/2017. (mb)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GOVERNOR MARY FALLIN, et al.,
Case No. CIV-16-1297-D
This matter comes before the Court for review of the Report and Recommendation
[Doc. No. 50] issued by United States Magistrate Judge Shon T. Erwin on July 25, 2017,
pursuant to 28 U.S.C. § 636(b)(1)(B)-(C).
Judge Erwin recommends the denial of
Plaintiff’s motion for injunctive relief filed July 21, 2017 [Doc. No. 45]. After obtaining
an extension of the deadline to object, Plaintiff has filed a timely written objection [Doc.
No. 65]. The Court must make a de novo determination of portions of the Report to which
a specific objection is made, and may accept, modify, or reject the recommended decision.
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
Plaintiff, a state prisoner appearing pro se and in forma pauperis, brings this action
seeking declaratory and injunctive relief and damages under 42 U.S.C. § 1983 on numerous
claims regarding his confinement by the Oklahoma Department of Corrections. The instant
Motion concerns only a request that the medical staff at his current place of confinement
continue the same treatment he had received at a prior facility and provide certain services.
Judge Erwin finds that Plaintiff has failed to justify the relief sought. Plaintiff’s objection
contains no effective challenge to this finding. Further, upon de novo consideration, the
Court finds no basis in the record to disagree with Judge Erwin’s recommendation for
denial of the Motion.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc.
No. 50] is ADOPTED as though fully set forth herein. Plaintiff’s “Motion for Injunction
(Permanent Restraining Order) on JLCC Medical to Maintain Previous Treatment” [Doc.
No. 45] is DENIED.
IT IS SO ORDERED this 1st day of September, 2017.
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