Ellakkany v. The Common Pleas Court of Montgomery County et al

Filing 46

ORDER ADOPTING REPORT 42 of Magistrate Judge Schwab, DENYING Ellakkany's motion for preliminary injunction 18 & REMANDING matter to Magistrate Judge Schwab for further proceedings. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/1/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MOURAD ELLAKKANY,
Plaintiff
v.
THE COMMON PLEAS COURT OF
MONTGOMERY COUNTY, et al.,
Defendants

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CIVIL ACTION NO. 1:14-CV-983
(Chief Judge Conner)

ORDER
AND NOW, this 1st day of March, 2016, upon consideration of the report (Doc.
42) of Magistrate Judge Susan E. Schwab, recommending the court deny the motion
(Doc. 18) for a preliminary injunction by plaintiff Mourad Ellakkanny (“Ellakkany”),
wherein Ellakkanny seeks immediate release from incarceration pending resolution
of the above-captioned civil litigation, (see id.), and the court noting that Ellakkany
has filed objections (Doc. 45) to the report, see FED. R. CIV. P. 72(b)(2), and, following
a de novo review of the contested portions of the report, see Behar v. Pa Dep’t of
Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing 28 U.S.C. § 636(b)(1)(C);
Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and applying a clear error
standard of review to the uncontested portions, see Cruz v. Chater, 990 F. Supp. 375,
376-78 (M.D. Pa. 1999), the court finding Judge Schwab’s analysis to be thorough,
well-reasoned, and fully supported by the record, and further finding Ellakkany’s

objections to be without merit and squarely addressed by the report, it is hereby
ORDERED that:
1.

The report (Doc. 42) of Magistrate Judge Schwab is ADOPTED.

2.

Ellakkany’s motion (Doc. 18) for preliminary injunction is DENIED.

3.

This matter is REMANDED to Magistrate Judge Schwab for further
proceedings.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania