TURNER v. PA MEDICAL D.O.C. STAFF GREEN et al

Filing 81

MEMORANDUM ORDER denying 52 Plaintiff's Motion for Preliminary Injunction; overruling Plaintiff's Objections; and adopting 75 the Magistrate Judge's Report and Recommendation as augmented in the Memorandum Order. Signed by Judge David S. Cercone on 10/5/10. (mwm)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JEFFREY D. TURNER, Plaintiff, v. J. LEGGETT, Correctional Officer IV at SCI Fayette; DR. JIN; MICHELLE LUCAS; JOHN MCANANY, CRNS at SCI Greene; NEDRA GREGO, RN at SCI Greene; DORINA VARNER, Chief Grievance Coordinator at Central Office; DR. HERBIK, Doctor at SCI Fayette; R. TRETINIK, CHCA at SCI Fayette; CHRIS MYERS, Physician Assistant at SCI Fayette; S. BERRIER, CRNS at SCI Fayette; B. WALSCH, Correctional Officer #1 at SCI Fayette; R. J. GODINES, Correctional Officer #1 at SCI Fayette Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

2:09cv1568 Electronic Filing

MEMORANDUM ORDER AND NOW, this 6th day of October, 2010, after de novo review of the record and upon due consideration of [75] the magistrate judge's report and recommendation filed on July 1, 2010, and [79] plaintiff's objections thereto, IT IS ORDERED that [52] Plaintiff 's Motion for Preliminary Injunction be, and the same hereby is, denied. The report and recommendation as augmented herein is adopted as the opinion of the court. Plaintiff's objections are without merit. Merely needing ongoing treatment for "hypertion" (sic), a broken right toe and athlete's feet and alleging a lag time in receiving 1

prescriptions or further recommended treatment falls short of the showing needed to establish imminent irreparable harm. Furthermore, having such maladies and receiving treatment in the manner described establishes only that a potential exists that the dire conditions highlighted by plaintiff may come to pass, which is conjectural. Consequently, the standards for injunctive relief have not been satisfied.

s/ David Stewart Cercone David Stewart Cercone United States District Judge cc: Honorable Lisa Pupo Lenihan United States Magistrate Judge Jeffrey D. Turner EG - 6080 S.C.I. Fayette Box 9999 LaBelle, PA 15450 - 0999 Paul R. Scholle, Esquire Kathryn M. Kenyon, Esquire (Via CM/ECF)

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