YOUNG v. PA DEPARTMENT OF CORRECTIONS

Filing 26

MEMORANDUM ORDER; IT IS ORDERED, this 18th day of January, 2023, that Plaintiff's Motion for Preliminary Injunction/Temporary Restraining Order, docketed at ECF No. 15 , is DISMISSED as moot. Given this ruling, the Court will decline to adopt t he Report and Recommendation issued by Magistrate Judge Lanzillo on December 5, 2022, ECF No. 18 , as a superseding Report and Recommendation addressing the motion at ECF No. 24 will presumably issue in due course. Signed by Judge Susan Paradise Baxter on 1/18/2023. (snc)

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December 5, 2022, Magistrate Judge Lanzillo issued a report and recommendation ("R&R"),
ECF No. 18, in which he opined that Plaintiffs request for a TRO should be denied and her
request for a preliminary injunction should be deferred pending service of the motion and the
amended complaint upon Defendants and, if necessary, a hearing on the motion. ECF No. 36.
Objections to the Magistrate Judge's R&R were due to be filed by December 22, 2022.
Plaintiff did not file objections within the time period allowed under the Federal Rules of
Civil Procedure and the local rules of this Court; instead, on January 3, 2023 she filed a "Motion
for Emergency Hearing [and] Request for Temporary Restraining Order and/or Preliminary
Injunction," ECF No. 24, which was docketed on January 5, 2023. In this motion, Plaintiff
offers more specific allegations of the violations she is allegedly enduring at the hands of the
Defendants. Because Plaintiffs original Motion for Preliminary Injunction/Temporary
Restraining Order is now moot, that motion will be dismissed, and the Court will decline to
adopt the Magistrate Judge's R&R addressing that motion. Plaintiff is advised, however, that,
moving forward, the Court will not entertain newly filed motions for emergency injunctive relief
in lieu of objections when a pending Report and Recommendation addresses an extant request
for emergency injunctive relief. Accordingly,
IT IS ORDERED, this 18th day of January, 2023, that Plaintiffs Motion for Preliminary
Injunction/Temporary Restraining Order, docketed at ECF No. [15], is DISMISSED as moot.
Given this ruling, the Court will decline to adopt the Report and Recommendation issued by
Magistrate Judge Lanzillo on December 5, 2022, ECF No. [18], as a superseding Report and
Recommendation addressing the motion at ECF No. [24] will presumably issue in due course.

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