Payne v. Ritchey et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATION 35 of Magistrate Judge Bloom; DENYING Plaintiff's Motion 15 for TRO ; Clerk of Court is directed to remand this case to Magistrate Judge for further proceedings Signed by Honorable Julia K Munley on 11/14/23. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 1 :22cv1517

JOSHUA I. PAYNE,
Plaintiff

(Judge Munley)
v.
BRAD RITCHEY, Unit Manager
SCI-Camp Hill, et al.,
Defendants

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ORDER

AND NOW, to wit, this 14th day of November 2023, we have before us for
disposition Magistrate Judge Daryl F. Bloom's report and recommendation , which
proposes the denial of plaintiff's motion for preliminary injunction and temporary
restraining order. No objections to the report and recommendation have been
filed, and the time for such filing has passed. Therefore, in deciding whether to
adopt the report and recommendation, we must determine if a review of the
record evidences plain error or manifest injustice. FED. R. CIv. P. 72(b) 1983
Advisory Committee Notes ("When no timely objection is filed, the court need
only satisfy itself that there is no clear error on the face of the record to accept
the recommendation"); see also 28 U.S.C . § 636(b)(1 ); Sullivan v. Cuyler, 723
F.2d 1077, 1085 (3d Cir. 1983).

After a careful review, we find neither a clear error on the face of the record
nor a manifest injustice, and therefore, we shall adopt the report and
recommendation. It is hereby ORDERED as follows:
1) The magistrate judge's report and recommendation (Doc. 35) is
ADOPTED;

2) The plaintiff's motion for preliminary injunction and temporary restraining
order (Doc. 15) is DENIED; and
3) The Clerk of Court is directed to remand this case to Magistrate Judge
Bloom for further proceedings including disposition of the pending motion to
file a second amended complaint.

.
District

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