CRUZ v. GIROUX et al

Filing 28

ORDER indicating that that Plaintiff's Motion for Preliminary Injunction 13 is denied; that the Report and Recommendation 19 of Magistrate Judge Susan Paradise Baxter is hereby adopted as the opinion of the district court. Signed by Judge Nora Barry Fischer on 1/12/18. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOSE CRUZ,

Plaintiff,
v.
SUPERINTENDENT NANCY GIROUX, et al.,

Defendants.

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Civil Action No. 17-175 Erie
Judge Nora Barry Fischer

MEMORANDUM ORDER
The present action was filed with this Court on July 3, 2017. The case was referred to
United States Magistrate Judge Susan Paradise Baxter for a report and recommendation in
accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72 of the Local
Rules for Magistrate Judges.
Plaintiff Jose Cruz filed a Motion for Preliminary Injunction [ECF No. 13] on October
23, 2017. Magistrate Judge Baxter held a hearing on the motion on December 12, 2017. At the
conclusion of the hearing, the Magistrate Judge issued an oral Report and Recommendation
(“R&R”) [ECF No. 19] recommending that Plaintiff’s motion be denied. Plaintiff was informed
that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local
Rule of Court 72.D.2 he had until December 29, 2017 to filed any objections. Plaintiff timely
submitted a document styled a “Motion Response in Opposition” to the R&R [ECF No. 22]
which the Court construes as Plaintiff’s Objections to the R&R. However, Plaintiff’s objections
are without merit.

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After a de novo review of the pleadings and documents in this case, together with the
transcript of the hearing and the Magistrate Judge’s oral R&R, the following order is entered:
IT IS HEREBY ORDERED that Plaintiff’s Motion for Preliminary Injunction [ECF No.
13] is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 19] of
Magistrate Judge Susan Paradise Baxter is hereby adopted as the opinion of the district court.

/s/ Nora Barry Fischer
Nora Barry Fischer
United States District Judge

Date:

January 12, 2018

CC/ECF:

All parties of record.
Jose Cruz
FZ-3254
SCI Albion
10745 Route 18
Albion, PA 16475

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