Howe v. Polunsky Unit

Filing 40

ORDER ADOPTING 35 REPORT AND RECOMMENDATIONS. The Plaintiff's motion for a temporary restraining order 24 is hereby denied. Signed by Judge Ron Clark on 3/25/10. (ljw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION PAUL K. HOWE v. POLUNSKY UNIT CIVIL ACTION NO. 9:08cv142 MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE ON PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF The Plaintiff Paul Howe filed this civil rights lawsuit complaining of alleged deprivations of his constitutional rights. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. Howe has filed a motion seeking issuance of a temporary restraining order. On February 3, 2010, the Magistrate Judge issued a Report recommending that the request for a temporary restraining order be denied. Howe received a copy of this Report on February 9, 2010, but has filed no objections thereto; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has reviewed the Plaintiff's motion for injunctive relief as well as the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 35) is hereby ADOPTED as the opinion of the District Court. It is further 1 ORDERED that the Plaintiff's motion for a temporary restraining order (docket no. 24) is hereby DENIED. So ORDERED and SIGNED this 25 day of March, 2010. ___________________________________ Ron Clark, United States District Judge 2

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