HOUSER v. BEARD et al

Filing 25

ORDER denying 23 Motion for Preliminary Injunction for reasons stated in Order. Signed by Magistrate Judge Cynthia Reed Eddy on 12/15/11. (mjl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DARIEN HOUSER,
Petitioner,
v.
JEFFREY BEARD, et al,
Respondents.

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Civil Action No. 10-416
District Judge Donetta Ambrose
Magistrate Judge Cynthia Reed Eddy

ORDER
Plaintiff Darien Houser (“Plaintiff”) is an inmate incarcerated at the State Correctional
Institution at Greene (“SCI-Greene”) in Waynesburg, Pennsylvania. Plaintiff filed this cause of
action against numerous Defendants on March 29, 2010, alleging claims arising from the Civil
Rights Act of 1871, 42 U.S.C. § 1983, the Americans with Disabilities Act, 42 U.S.C. § 12101, and
various state tort laws. (doc. no. 4). As of the time of this order, Defendants have not yet been
served the complaint, despite numerous court orders to do so. See (docs. no. 6, 7, 10, 13, and 19).
On February 3, 2011, this Court denied plaintiff’s motion for discovery because none of the
defendants had been served. (doc. no. 16). And they still have not been served.

Plaintiff has filed a letter docketed as a motion for preliminary injunction (doc. no. 23), as
it requests affirmative relief in the nature of medical treatment he claims he needs urgently. No
Defendants have been served this Complaint, this motion or, for that matter, any of plaintiff’s
previous motions. Consequently, this motion also must be denied.
AND NOW, this 15th day of December, 2011,
IT IS HEREBY ORDERED that Plaintiff’s motion for preliminary injunction (doc. no.

23), is DENIED.
IT IS FURTHER ORDERED that plaintiff is allowed until December 30, 2011, to appeal
this order to a district judge pursuant to Rule 72.C.2 of the Local Rules for Magistrates. Failure to
timely appeal may constitute waiver of the right to appeal.

s/ Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge
cc:
DARIEN HOUSER
GL-7509
175 Progress Drive
Waynesburg, PA 15370