Shaw v. Young et al

Filing 107

ORDER denying 70 Motion for TRO; denying 70 Motion for Preliminary Injunction; adopting in full 104 Report and Recommendation. Signed by U.S. District Judge Karen E. Schreier on 8/9/17. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
JAMES ELMER SHAW,

4:15-CV-04121-KES

Plaintiff,
vs.
TROY PONTO, ASSOCIATE WARDEN,
Individual and Official Capacity; AL
MADSON, UNIT MANAGER, Individual
and Official Capacity; SAM BADURE,
UNIT MANAGER, Individual and Official
Capacity; DERICK BIEBER, UNIT
MANAGER, Individual and Official
Capacity; JACOB GLASER, UNIT
COORDINATOR, Individual and Official
Capacity; MARY CARPENTER, M.D.
(HEALTH SERVICES), Individual and
Official Capacity; E. R. REGIER, M.D.
(HEALTH SERVICES), Individual and
Official Capacity; HEATHER BOWER,
RN (HEATH SERVICES), Individual and
Official Capacity; and AUDREY SHEDD,
HEAD RN, Individual and Official
Capacity;

ORDER ADOPTING REPORT AND
RECOMMENDATION

Defendants.
Plaintiff, James Elmer Shaw, filed this lawsuit under 42 U.S.C. § 1983.
The case was referred to Magistrate Judge Veronica Duffy under 28 U.S.C.
§ 636(b)(1)(B) for a report and recommendation on several motions, including
Shaw’s motion for a temporary restraining order/preliminary injunction
(Docket 70).

On June 16, 2017, the magistrate judge submitted her report and
recommended that Shaw’s motion for a temporary restraining
order/preliminary injunction (Docket 70) be denied.
Shaw was notified in the report and recommendation that he had 14
days to file objections to the report. Shaw requested additional time to file his
objections to the report and recommendation. This court granted his request
and set a new deadline of August 7, 2017. No objections were filed by August 7,
2017. Even though no objections were filed that would require de novo review
under Thompson v. Nix, 897 F.2d 356 (8th Cir. 1990), the court reviewed the
matter de novo and finds that the magistrate judge's report and
recommendation is adopted in full. Therefore, it is
ORDERED that:
1.

The report and recommendation of the magistrate judge (Docket

104) is adopted in full.
2.

Shaw’s motion for temporary restraining order/preliminary

injunction (Docket 70) is DENIED.
Dated August 9, 2017.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

2