ABD-ALI v. FUNK et al

Filing 21

ORDER adopting 14 Report and Recommendation. Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED. Signed by Judge Susan Paradise Baxter on 07/11/19. (esa)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
WALI IBN AL-ISLAM ABD-ALI,
Plaintiff,
v.
TODD FUNK, et al.,
Defendants.

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Civil Action No. 2:19-cv-478

MEMORANDUM ORDER
This prisoner civil action was received by the Clerk of Court on April 26, 2019 and was
referred to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation
in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Rules 72.1.3 and 72.1.4
of the Local Rules for Magistrate Judges. On May 2, 2019, Plaintiff Wali Ibn Al-Islam Abd-Ali
filed a motion for a temporary restraining order and preliminary injunction. ECF No. 4. That
same day, Plaintiff’s motion for leave to proceed in forma pauperis was granted and his
complaint was filed. ECF Nos. 2 and 6.
On May 13, 2019, Judge Lanzillo held a telephonic hearing regarding Plaintiff’s motion
for injunctive relief. ECF Nos. 11 and 15. During the hearing, the Court took testimony from
Plaintiff and from Captain Robert Kennedy and heard argument both from Plaintiff and from
Defendants’ counsel, Yana Warshafsky. Id. The following day, Judge Lanzillo issued a written
Report and Recommendation (“R&R”), ECF No. [14] in which he opined that Plaintiff’s motion
for a temporary restraining order and preliminary injunction should be denied as moot. Based on
the parties’ discussion at the motion hearing and the filings of record, Judge Lanzillo concluded
that the parties were in general agreement concerning the Defendants’ future course of action

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relative to accommodating Plaintiff’s food allergies, adhering to the dietary changes to his sahur
bag, and verifying his alleged need to consume food with his psychiatric medications. To the
extent Plaintiff requested reinstatement of his “finger food” diet, Judge Lanzillo recommended
that this request be denied, as Plaintiff had not adduced proof of any such dietary restriction.
On May 31, 2019, Plaintiff filed his objections to the R&R along with various related
exhibits. ECF No. 18. The Court has reviewed these documents in their entirety but finds no
basis therein for departing from the recommended ruling.
Accordingly, after de novo review of the complaint and documents in the case, together
with the Magistrate Judge’s Report and Recommendation, the following order is entered:
NOW, this 11th day of July, 2019, IT IS HEREBY ORDERED that Plaintiff’s motion for
a temporary restraining order and preliminary injunction [4], shall be, and hereby is, DENIED.
The Report and Recommendation of Magistrate Judge Lanzillo, dated May 14, 2019, ECF No.
[14], is adopted as the opinion of this Court.

_____________________________
SUSAN PARADISE BAXTER
United States District Judge
cm:

Wali Ibn Al-Islam Abd-Ali
GH-2977
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
(via U.S. Mail)
Yana L. Warshafsky, Esq. (via CM/ECF)
The Honorable Richard A. Lanzillo (via CM/ECF)

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