BEALE v. WETZEL et al

Filing 31

MEMORANDUM ORDER: IT IS HEREBY ORDERED that the Plaintiff's Motions for Preliminary Injunction 3 and 4 are DENIED. The oral Report and Recommendation 27 pp. 14-15 of Magistrate Judge Baxter, entered on the record on July 23, 2013, is adopted as the opinion of the Court. Signed by Chief Judge Sean J. McLaughlin on 8/6/2013. (rlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THOMAS BEALE,
Plaintiff,
v.
JOHN E. WETZEL, et al.,
Defendants.

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Civil Action No. 13-15 Erie

MEMORANDUM ORDER
This civil rights action was received by the Clerk of Court on January 14, 2013
and was referred to United States Magistrate Judge Susan Paradise Baxter for report
and recommendation in accordance with the Magistrates Act, 28 U.S.C. ' 636(b)(1),
and Rule 72 of the Local Rules for Magistrate Judges.
The Magistrate Judge’s oral Report and Recommendation entered on the record
on July 23, 2013 [ECF No. 27] pp. 14-15, recommended that the Plaintiff’s Motions for
Preliminary Injunction [ECF No. 3] and [ECF No. 4] be denied. The parties were
allowed fourteen (14) days from the date of service to file objections. Plaintiff filed
objections on August 5, 2013 [ECF No. 28] and [ECF No. 30].1 After de novo review of
the documents and transcript of the proceedings, together with the oral Report and
Recommendation, the following order is entered:
AND NOW, this 6th day of August, 2013;
IT IS HEREBY ORDERED that the Plaintiff’s Motions for Preliminary Injunction
[ECF No. 3] and [ECF No. 4] are DENIED.

1

Plaintiff also filed objections [ECF No. 29] relating to his motion for preliminary injunction requesting that
he be seen by an outside specialist for his asthma. See [ECF No. 11]. Because this motion has not been
ruled on by the Magistrate Judge, we do not consider the Plaintiff’s objections. See [ECF No. 27] pp. 1720.

1

The oral Report and Recommendation [ECF No. 27] pp. 14-15 of Magistrate
Judge Baxter, entered on the record on July 23, 2013, is adopted as the opinion of the
Court.

s/

cm:

Sean J. McLaughlin
Chief United States District Judge

All parties of record
Susan Paradise Baxter, U.S. Magistrate Judge

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