GALLOWAY v. WALTON et al

Filing 57

MEMORANDUM ORDER adopting 54 Report and Recommendations and denying 20 Motion for Preliminary Injunction filed by Thomas Galloway; for the reasons stated in the order. This matter is referred back to U.S. Magistrate JudgeMaureen P. Kelly for further pretrial proceedings. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 2/26/21. (cjo)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THOMAS R. GALLOWAY, JR.,
Plaintiff,
v.
JOHN R. WALTON, et al.,
Defendants.

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Civil Action No. 20-611
Senior Judge Nora Barry Fischer

MEMORANDUM ORDER
The above captioned case was initiated by pro se Plaintiff Thomas R. Galloway on April
27, 2020, and was referred to United States Magistrate Judge Maureen P. Kelly for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local
Rules of Court. (Docket No. 1). Plaintiff submitted a Motion for Preliminary Injunction on
October 13, 2020 and an Addendum on October 14, 2020. (Docket Nos. 20; 21). Defendants
filed a Briefs in Opposition to the Motion for Preliminary Injunction and Addendum on
December 22, 2020 and January 13, 2021, respectively. (Docket No. 43; 49). On February 8,
2021, the Magistrate Judge issued a Report recommending that the Motion for Preliminary
Injunction be denied and established a deadline for objections within 14 days. (Docket No. 54).
Thereafter, on February 11, 2021, Plaintiff filed Objections to the Report and Recommendation.
(Docket No. 55). Defendants countered with a Response filed on February 25, 2021. (Docket
No. 56).
After de novo review of the pleadings and documents in this case, Plaintiff’s motion and
the briefing thereon, together with the Report and Recommendation, the Objections and
Response, the following order is entered:
AND NOW, this 26th day of February, 2021:

IT IS ORDERED that Plaintiff’s Objections [55] to the Report and Recommendation
dated February 8, 2021 are OVERRULED, as Plaintiff has failed to meet his burden to
demonstrate that he is entitled to the extraordinary remedy of a preliminary injunction in this
case, as he has neither shown a likelihood of success on the merits nor irreparable harm, see e.g.,
Williams v. Ferdarko, 807 F. App’x 177, 181 (3d Cir. 2020) (citing Ferring Pharms., Inc. v.
Watson Pharms., Inc., 765 F. App’x 205, 210 (3d Cir. 2014)) (affirming denial of preliminary
injunction due to plaintiff’s failure to establish likelihood of success and irreparable harm);
IT IS FURTHER ORDERED that the Report and Recommendation [54] dated February
8, 2021 is ADOPTED as the Opinion of the Court;
IT IS FURTHER ORDERED that Plaintiff’s Motion for Preliminary Injunction [20] is
DENIED; and,
FINALLY, IT IS ORDERED that this matter is referred back to U.S. Magistrate Judge
Maureen P. Kelly for further pretrial proceedings.
BY THE COURT:
s/Nora Barry Fischer
Nora Barry Fischer
Senior U.S. District Judge

cc:

THOMAS R. GALLOWAY, JR.
3442020
Westmoreland County Prison
3000 South Grande Blvd.
Greensburg, PA 15601
(via first class mail)

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