FONTROY v. WETZEL et al

Filing 120

MEMORANDUM ORDER - it is hereby Ordered that Plaintiff's Motion for Emergency Hearing Requested Due to Retaliatory Confiscation of Plaintiffs Z-Code Single-Cell Status and Classification 65 is denied; Plaintiffs Complaint for Temporary Restrai ning Order and Preliminary Injunction against a Pervasive Risk of Harm 67 is dismissed as moot and as facially unripe; and Plaintiffs Emergency Motion for Hearing and Motion for Temporary Restraining Order 70 is denied; 77 Report and Recommendation of Magistrate Judge Baxter, dated 5/13/2015, is adopted as the opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/10/2016. (dlg)

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

DERRICK DALE FONTROY,
Plaintiff,
V.

JOHN WETZEL, et al,
Defendants.

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C.A. No. 3:14-cv-165

MEMORANDUM ORDER
This prisoner civil rights action was received by the Clerk of Court on August 4, 2014, and was
referred to United States Magistrate Judge Susan Paradise Baxter

for report and

recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrates. The magistrate judge's report and
recommendation, filed on May 13, 2015, recommended that Plaintiffs Motion for Emergency
Hearing Requested Due to Retaliatory Confiscation of Plaintiffs Z-Code Single-Cell Status and
Classification [65] be denied; Plaintiffs Complaint for Temporary Restraining Order and
Preliminary Injunction against a Pervasive Risk of Harm [67] be dismissed as moot, and as
facially unripe; and Plaintiffs Emergency Motion for Hearing and Motion for Temporary
Restraining Order [70] be denied. Service was made on Plaintiff by mail at SCI Laurel
Highlands, where he is incarcerated, and on Defendants. Objections were filed by the Plaintiff on
June 18, 2015.

After de novo review of the petition and documents in the case, together with

the report and recommendation and objections thereto, the following order is entered:

AND NOW, this

l0 -th Day of February, 2016;

IT IS HEREBY ORDERED that Plaintiffs Motion for Emergency Hearing Requested

Due to Retaliatory Confiscation of Plaintiffs Z-Code Single-Cell Status and Classification [65] is
denied; Plaintiffs Complaint for Temporary Restraining Order and Preliminary Injunction against
a Pervasive Risk of Harm [67] is dismissed as moot, and as facially unripe; and Plaintiffs
Emergency Motion for Hearing and Motion for Temporary Restraining Order [70] is denied.

The report and recommendation of Magistrate Judge Baxter, dated May 13, 2015, is
adopted as the opinion of the court.

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KIM R. GIBSON
United States District Judge

cc:

Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record __