AUKER v. WETZEL et al

Filing 87

ORDER adopting 80 Report and Recommendation. Plaintiff's Motion for Temporary Restraining Order (Docs. 20 and 33 ), Motion for Preliminary Injunction and Motion for Emergency Transfer (Docs. 11 , 12 , and 34 ), Motion for Aid from the Court (Docs. 19 and 22 ), and Motion to Compel the Court (Doc. 29 ) are DENIED AS MOOT. Signed by Judge Cathy Bissoon on 7/10/2014. (sje)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ROBERT AUKER, Plaintiff, v. JOHN E. WETZEL, Secretary for Pennsylvania Dept. of Corrections, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 14-179 Judge Cathy Bissoon Magistrate Judge Cynthia Reed Eddy MEMORANDUM ORDER This case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C, 72.D and 72.G of the Local Rules for Magistrates. On May 9, 2014, the Magistrate Judge issued a Report and Recommendation (Doc. 80) recommending that the following motions filed by Plaintiff, Robert Auker, be denied as moot: Motion for Temporary Restraining Order (Docs. 20 and 33), Motion for Preliminary Injunction and Motion for Emergency Transfer (Docs. 11, 12, and 34), Motion for Aid from the Court (Docs. 19 and 22), and Motion to Compel the Court (Doc. 29). Service of the Report and Recommendation was made on the parties, and Defendant timely filed objections (Doc. 83). After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, it is hereby ORDERED that: Plaintiff’s Motion for Temporary Restraining Order (Docs. 20 and 33), Motion for Preliminary Injunction and Motion for Emergency Transfer (Docs. 11, 12, and 34), Motion for Aid from the Court (Docs. 19 and 22), and Motion to Compel the Court (Doc. 29) are DENIED AS MOOT, and the Report and Recommendation of Magistrate Judge Eddy, dated May 9, 2014, is hereby adopted as the opinion of the District Court. IT IS SO ORDERED. July 10, 2014 s\Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification): All Counsel of Record cc (via First-Class U.S. Mail): Robert Auker BK-1943 SCI Greene 175 Progress Drive Waynesburg, PA 15370 2

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