HILL v. IRWIN et al

Filing 31

MEMORANDUM ORDER: NOW, this 22nd day of November, 2024, IT IS ORDERED that Plaintiff's motion for a temporary restraining order filed at ECF No. 10 shall be, and hereby is, DENIED. IT IS FURTHER ORDERED that the Report and Recommendation of U.S. Magistrate Judge Kelly, dated October 25, 2024, ECF No. 26 , is adopted as the opinion of this Court. Signed by Judge Susan Paradise Baxter on 11/22/2024. (snc)

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

DWAYNE HILL,
Plaintiff,
vs.
WARDEN RANDY IRWIN, et al.,
Defendants.

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Case No. 1:24-cv-66

MEMORANDUM ORDER
This pro se civil action was commenced by Plaintiff Dwayne Hill, a former inmate at the
State Correctional Institution at Forest (“SCI-Forest”) who is seeking redress for the alleged
violation of his civil rights. To that end, Plaintiff asserts claims under 42 U.S.C. §1983 against
eleven individuals who serve as DOC officials or medical staff at SCI-Forest. The matter has
been referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in
accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and the Local Rules for
Magistrate Judges.
Currently before the Court is the Plaintiff’s motion for temporary restraining order
(“TRO”) filed at ECF No. [10]. In his motion, Plaintiff seeks an order prohibiting the
Defendants from using “O.C.” spray against or around him and an order directing that several of
the Defendants “be restrained from being around Plaintiff or any other person that could be
influence[d] to commit harm or emotional distress.” ECF No. [10] at 1-2.
On October 25, 2024, Judge Kelly filed a report and recommendation (“R&R”) in which
she opined that Plaintiff’s motion should be denied as moot because Plaintiff is no longer housed
at SCI-Forest and is therefore no longer subject to the control of those individuals whom he

claims are violating his rights. ECF No. [26]. Plaintiff’s objections to the R&R were due on or
before November 14, 2024. To date, no objections have been received by the Court.
Accordingly, upon de novo review of the complaint and documents in the case, including
Plaintiff’s motion docketed at ECF No. 10, all filings related thereto, and the Magistrate Judge’s
Report and Recommendation, the following Order is entered:
NOW, this 22nd day of November, 2024, IT IS ORDERED that Plaintiff’s motion for a
temporary restraining order filed at ECF No. [10] shall be, and hereby is, DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation of U.S. Magistrate
Judge Kelly, dated October 25, 2024, ECF No. [26], is adopted as the opinion of this Court.

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SUSAN PARADISE BAXTER
United States District Judge