HENSLEY v. TREMPUS et al

Filing 30

ORDER that Plaintiffs motion for immediate release to rehab,which has been construed as a motion for injunctive relief 26 , is DENIED. The report and recommendation of Magistrate Judge Lanzillo, issued January 17, 2019 28 , is adopted as the opinion of the court. Signed by Judge Susan Paradise Baxter on 2/27/19. (lrw)

IN THE UNITED ST ATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOSEPH HENSLEY,
Plaintiff,

v.
JOSEPH TREMPUS, et al,
Defendants.

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C.A. No. 18-355 Pittsburgh
District Judge Susan Paradise Baxter
Magistrate Judge Richard A. Lanzillo

MEMORANDUM ORDER

This action was commenced by Plaintiffs filing of a prose civil rights complaint
accompanied by a motion for leave to proceed in forma pauperis ("ifp motion") [ECF No. 1], on
March 19, 2018. This matter was originally referred to the undersigned, then a United States
Magistrate Judge, for all pretrial proceedings.
On September 14, 2018, the undersigned was sworn in as a United States District Judge.
This case was subsequently reassigned to the undersigned, as presiding judge, and was referred
to newly appointed United States Magistrate Judge Richard A. Lanzillo for report and
recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(l), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrates.
On November 1, 2018, Plaintiff filed a document entitled "motion for immediate release
to rehab" [ECF No. 26], which is construed as a motion for injunctive relief. In this one sentence
motion, Plaintiff seeks an order releasing him from prison to a rehab center "as SCl's can not
properly treat him .... " (Id.).
On January 17, 2019, Magistrate Judge Lanzillo issued a Report and Recommendation
("R&R") recommending that Plaintiffs motion for injunctive relief [ECF No. 26] be denied

because Plaintiff seeks relief that is both unrelated to any of the matters raised in the underlying
complaint and not cognizable in an action pursuant to 42 U.S.C. § 1983. [ECF No. 28]. Plaintiff
has since filed timely objections to the R&R that failed to raise any grounds to overcome the
deficiencies recognized by the Magistrate Judge. [ECF No. 29].
After de nova review of the motion and relevant documents in the case, together with the
report and recommendation and objections thereto, the following order is entered:
AND NOW, this 27th day of February, 2019;
IT IS HEREBY ORDERED that Plaintiffs "motion for immediate release to rehab,"
which has been construed as a motion for injunctive relief [ECF No. 26], is DENIED. The report
and recommendation of Magistrate Judge Lanzillo, issued January 17, 2019 [ECF No. 28], is
adopted as the opinion of the court.

J~~'-~~
SUSAN PARADISE BAXTER
United States District Judge

cc:

The Honorable Richard A. Lanzillo
U.S. Magistrate Judge