PAYNE v. ZAVADA et al

Filing 40

MEMORANDUM ORDER denying 35 Motion for TRO and adopting Report and Recommendations re 37 Report and Recommendations. Signed by Judge Terrence F. McVerry on 2/20/2013. (kly)

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

DONALD PAYNE, JR.,
Plaintiff,
v.
MICHAEL J. ZAVADA and BRIAN
S. MILLER,

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Civil Action No. 12 – 1206
District Judge Terrence F. McVerry
Chief Magistrate Judge Lisa Pupo Lenihan

Defendants.

MEMORANDUM ORDER
This case is before the Court on the Report and Recommendation filed by Chief
Magistrate Judge Lisa Pupo Lenihan on January 23, 2013 (ECF No. 37) recommending that
Plaintiff’s Motion for Temporary Restraining Order (ECF No. 35) be denied. The parties were
served with the Report and Recommendation and informed that they had until February 11,
2013, to file written objections. As of the date of this Order, however, no objections have been
filed. As such, after de novo review of the pleadings and documents in the case, together with
the Report and Recommendation, the following order is entered.
AND NOW, this 20th day of February, 2013,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Temporary Restraining Order
(ECF No. 35) is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 37) dated
January 23, 2013, is ADOPTED as the opinion of the Court.

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AND IT IS FURTHER ORDERED that this case is remanded back to the Magistrate
Judge for all further pretrial proceedings.

By the Court:
s/Terrence F. McVerry
United States District Judge
cc: Donald Payne, Jr.
0138-2013
Westmoreland County Prison
3000 South Grande Boulevard
Greensburg, PA 15601
Via U.S. Postal Mail
Counsel of Record
Via ECF Electronic Mail

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