YOUNG v. BEARD et al

Filing 63

MEMORANDUM ORDER denying 54 Plaintiff's Motion for Preliminary Injunction; adopting 62 Report and Recommendation as to opinion of the Court. Signed by Judge Nora Barry Fischer on 12/20/11. (jg)

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PI:NNSYLVANIA

LEONARD G. YOUNG, JR.,
Plaintiff,

v.
JEFFREY BEARD, et at.,
Defendants.

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Civil Action No. 10-284
Judge Fis, ~her
Magistrat ~ Judge Eddy

MEMORANDUM ORDE]~
Leonard G . Young ("Plaintiff") currently is an inmate: ncarcerated at the State
Correctional Institution at Smithfield ("SCI -Smithfield"), in H LlUtingdon, Pennsylvani a. Plaintiff
brings this lawsuit pursuant to the Civil Rights Act of 1871, 4: U.S.C. § 1983 et seq., alleging
violations of the First, Eighth, and Fourteenth Amendments to the Constitution of the United
States with respect to acts or omissions that allegedly took plal:e during his confinement at the
State Correctional Institution at Greene ("SCI-Greene"). Am. Compi. (Docket No. 35 , 8). This
lawsuit was initiated by the receipt of the initial complaint, as ,ill attachment to Plaintiffs motion
for leave to proceed in forma pauperis ("IFP"), on March 1, 2( 11 O. (Docket No.1). Plaintiff was
granted leave to proceed IFP on the same day. (Docket No.2) Currently before this -Court is
Plaintiffs motion for preliminary injunction. (Docket No. 54).
This matter was referred to a United States Magistrate Judge for pretrial proceedings in
accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the
Local Rules for Magistrate Judges. On November 28, 2011, de magistrate judge issu:~d a report
and recommendation recommending that Plaintiffs motion be denied as moot. (Docket No. 62).
A copy of the report was mailed to Plaintiff at his address of f( cord, and Plaintiff was given until

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,. December 12,2011, to file objections. As of the date of this vTiting, no objections helve been
filed.
After de novo review of the pleadings and documents i 1 the case, together with Plaintiff's
motion for preliminary injunction (Docket No. 54) and the rep)rt and recommendation (Docket
No. 62), the following ORDER is entered:

AND NOW, this

.JaN day of ~

,2011,

IT IS HEREBY ORDERED Plaintiff's motion for preliminary injunction (Docket No.
54) is DENIED as MOOT.
IT IS FURTHER ORDERED that the magistrate judge s report and recommendation
(Docket No. 62) is adopted as the opinion of this Court.

BY THE COURT:

a&lty

tklJ~~

"NORA BARRY FIHER
UNITED STATE:; DISTRICT JUDGE

cc:

LEONARD G. YOUNG, JR.

GN-9516

SCI Smithfield

1120 Pike Street

POBox 999

Huntingdon, PA 16652

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