Jihad v. Fabian et al

Filing 124

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Denying 44 Motion for TRO filed by Hanifi Marlow Jihad; Adopting 110 Report and Recommendation, (Written Opinion). Signed by Senior Judge David S. Doty on 4/4/2010. (PJM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 09-1604(DSD/RLE) Hanifi Marlow Jihad, Plaintiff, v. Commissioner Joan Fabian, Assistant Commissioner David Crist, MCF-Stillwater Warden John King, Assoc. Warden Eddie Miles, Program Director Bruce Julson, Program Director David Reishus, Religious Cord. Gregory Skrypek, Chaplain Norris Blackmon, and Assoc. Warden Michelle Smith, Defendants. ORDER This matter is before the court upon plaintiff's pro se objection to the report and recommendation of Magistrate Judge Raymond L. Erickson dated March 30, 2010. In his report, the magistrate judge recommends that plaintiff's second motion for a temporary restraining order be denied because it is not related to the claims presented in plaintiff's second amended complaint and, even if it were related, plaintiff cannot succeed on the merits of his claim. The court reviews the report and recommendation of the magistrate judge de novo. See 28 U.S.C. § 636(b)(1)(C); Fed. R. After a de novo review, the Civ. P. 72(b)(3); D. Minn. LR 72.2(b). court determines that plaintiff has set forth no factual or legal basis that warrants departure from the magistrate judge's report and recommendation. judges's report is Further, the court finds that the magistrate well reasoned and IT correctly IS HEREBY disposes ORDERED adopts of plaintiff's plaintiff's motion. objection Accordingly, is overruled that the and the court magistrate judge's report and recommendation [Doc. No. 110] in its entirety. Dated: May 4, 2010 s/David S. Doty David S. Doty, Judge United States District Court 2

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