Summary
In Walker, the Court noted that "[w]hile one would presume that plaintiff would be seeking his immediate release from the alleged delay in his release," the plaintiff had not pled as such.
Summary of this case from Baker v. N.Y. State Dep't of Corr.Opinion
09-CV-845.
January 20, 2010
ORDER
This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). Plaintiff filed a motion for a temporary restraining order and preliminary injunction seeking, inter alia, immediate release from custody. On December 22, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that plaintiff's request for a temporary restraining order be denied and directing defendants to file and serve a response to plaintiff's affidavit and memorandum of law in support of his request for a preliminary injunction within 25 days of entry of the Order.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, plaintiff's request for a temporary restraining order is denied. This case is referred back to Magistrate Judge Schroeder for further proceedings.
SO ORDERED.