GIBSON v. FLEMMING et al

Filing 76

OPINION re 32 Motion for Preliminary Injunction/Temporary Restraining Order filed by DERRICK GIBSON directing that the motion will be denied as moot and that the 73 Report and Recommendation of Magistrate Judge Eddy will be adopted as the opinion of the Court. Order to follow. Signed by Judge David S. Cercone on 6/4/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DERRICK GIBSON,
Plaintiff,
v.
MARY FLEMING, et al.,
Defendants.

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2:16cv392
Electronic Filing

OPINION
Pro se Plaintiff, Derrick Gibson filed a motion for preliminary injunction / temporary
restraining order (ECF No. 32) seeking an injunction requiring staff at SCI-Forest to, inter alia,
return all of his legal and personal mail and related material, and personal and legal property.
Defendants filed a timely response in opposition (ECF No. 66).
As reflected in Magistrate Judge Eddy’s Report and Recommendation (ECF No. 73) filed
on April 30 2018, Plaintiff was transferred from SCI-Forest to SCI-Retreat subsequent to the
filing of his motion. (ECF No. 69). Accordingly, it is recommended that the motion be denied as
moot. Service of the Magistrate Judge’s Report and Recommendation was made on the parties,
who were informed that, in accordance with the Magistrate Judge’s Act, 28 U.S.C. §
636(b)(1)(B) and (C), and Local Rule of Court 72.D.2, Defendants had until May 14, 2018 (ECF
users) and Plaintiff until May 17, 2018, (non-ECF users) to file written objections. The time has
passed for filing objections and to date, no party has filed any objections to the report and
recommendation nor has any party sought an extension of time in which to do so.

After undertaking a de novo review of the pleadings and documents in this case, together
with the Report and Recommendation, the Court finds that the Report and Recommendation
should be adopted as the opinion of the Court. Accordingly, Plaintiff’s will be denied as moot
and the Magistrate Judge’s April 30, 2018, Report and Recommendation (ECF No. 73) will be
adopted as the opinion of the court.
An appropriate order will follow.

Date: June 4, 2018

cc:

s/ DAVID STEWART CERCONE
David Stewart Cercone
Senior United States District Judge

Derrick Gibson
JP 2190
SCI Retreat
660 State Route 11
Hunlock Creek, PA 18621-3136
(Via First Class Mail)
J. Eric Barchiesi, Esquire
(Via CM/ECF Electronic Mail)

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