Wilson v. Caudill et al

Filing 64

ORDER: Accepting and incorporating 56 PROPOSED FINDINGS AND RECOMMENDATION of the Magistrate Judge; denying 3 MOTION by Andre' Wilson for Injunction; denying 11 MOTION WITH MEMO IN SUPPORT by Andre' Wilson for Preliminary Injunction and/or protective order. Signed by Judge Joseph R. Goodwin on 7/18/2011. (cc: attys; any unrepresented party) (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

ANDRE WILSON,
Plaintiff,
v.

CIVIL ACTION NO. 2:11-cv-00103

STEVE CAUDILL, et al.,
Defendants.

ORDER
This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge,
for submission to this court of proposed findings of fact and recommendation for disposition,
pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact
(“PF&R”) and has recommended that the court DENY the plaintiff’s motion for injunction [Docket
3] and his motion for preliminary injunction and/or protective order [Docket 11] because the
plaintiff “has failed to show that he will suffer irreparable harm if the Court refuses to issue an
injunction requiring prison officials to provide him increased access to the law library.” (PF&R, at
1-2.) Neither party has filed objections to the Magistrate Judge’s findings and recommendations.
A district court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28 U.S.C. §
636(b)(1)(C). This court is not, however, required to review, under a de novo or any other standard,
the factual or legal conclusions of the magistrate judge as to those portions of the findings or
recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985).

As the parties have not filed objections in this case, the court accepts and incorporates herein
the findings and recommendation of the Magistrate Judge [Docket 56] and orders judgment
consistent with the findings and recommendations. The court DENIES the plaintiff’s motion for
injunction [Docket 3] and his motion for preliminary injunction and/or protective order [Docket 11].
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.

ENTER:

-2-

July 18, 2011