Filing 158

MEMORANDUM ORDER denying 126 Motion for Temporary Restraining Order. The Report and Recommendation of Magistrate Judge Baxter, issued 11/2/2016, is adopted as the opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/28/2017. (dlg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA DERRICK DALE FONTROY, Plaintiff, ) ) ) ) ) ) ) ) v. JOHN WETZEL, et al, Defendants. C.A. No. 14-165 Johnstown 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. ยง 636(b)(l), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The magistrate judge's report and recommendation, issued on November 2, 2016, recommended that Plaintiffs motion for preliminary restraining order or preliminary injunction [ECF No. 126] be denied. Service was made on Plaintiff by mail at SCI Laurel Highlands, where he was incarcerated, and on Defendants. A motion for extension of time to file objections to the report and recommendation was granted on December 2, 2016. Objections to the report and recommendation were due on or before December 16, 2016; no objections were filed. After de nova review of the complaint and documents in the case, the following order is entered: AND NOW, this .zcg+h Day of March, 2017; IT IS HEREBY ORDERED that that Plaintiffs motion for temporary restraining order or preliminary injunction [ECF No. 126] is DENIED. The report and recommendation of Magistrate Judge Baxter, issued November 2, 2016, is adopted as the opinion of the court. 2'6 ) 20/7 cc: Susan Paradise Baxter U.S. Magistrate Judge all parties of record __ KIM R. GIBSON United States District Judge

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