GOODWIN v. GLUNT et al

Filing 13

MEMORANDUM ORDER - it is hereby Ordered that Plaintiff's Motion for Injunction (ECF No. 8 ) is DENIED without prejudice. It is further Ordered that the Report and Recommendation (ECF No. 10 ) is ADOPTED as the Opinion of the Court. It is further Ordered that this matter is remanded back to the magistrate judge for all further pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/16/2013. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)

JEFFERY M. GOODWIN,

) Civil Action No. 3: 13-cv-0148
)

Plaintiff,

) United States District Judge
) Kim R. Gibson

v.

STEVEN R. GLUNT, Superintendent;
MAREA LEAKY, Physician's Assistant;
And SCI HOUTZDALE MEDICAL
DEPARTMENT,
Defendants.

)
)

)
)
)
)
)

United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER
The above captioned case was initiated on July 11, 2013 by the filing of a motion to
proceed in forma pauperis and was referred to United States Magistrate Judge Cynthia Reed
Eddy for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b )(1 ), and the Local Rules of Court for Magistrate Judges. Along with the Motion for Leave
to Proceed in forma pauperis, filed Plaintiff a Motion for Injunction (ECF No. 1-5).
On August 16, 2013, the Motion for Leave to Proceed in forma pauperis was granted
(ECF No.4), and thereafter the Complaint (ECF No.6) and Motion for Preliminary Injunction
were filed (ECF No.8). Service has not been made upon any of the Defendants.
On August 23, 2013, Magistrate Judge Eddy filed a Report and Recommendation (ECF
No. 10) recommending that Plaintiffs Motion for Injunction be denied. Plaintiff was served
with the Report and Recommendation at his listed address. Plaintiff filed timely written
objections to the Report and Recommendation (ECF No. 12).

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In his objections, Plaintiff again requests that his medical status be restored or, in the
alternative, that he be allowed to "reserve[] the right to reassert this request relief at a later date."
Obj. at 1. Petitioner's objections do not undermine the recommendation of the magistrate judge.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and the Objection thereto, the following order is entered:

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AND NOW, this \ ~ day of September, 2013;
IT IS HEREBY ORDERED that Plaintiffs Motion for Injunction (ECF No. 8) is
DENIED without prejudice.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 10) is
ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that this matter is remanded back to the magistrate judge
for all further pretrial proceedings.

Kim R. Gibson
United States District Judge

cc:

JEFFERY M. GOODWIN
DG-0487
SCI Houtzdale
P.O. Box 1000
209 Institution Drive
Houtzdale, P A 16698-1 000

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