Citation Codes Equivalent Citations citation codes Docket Number C.A. No. 04-346 ML. Judges JACOB HAGOPIAN, Recalled Magistrate Judge Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights See more information ... Smart Summary Please sign up to generate summary. JUAN C. MARTINEZ v. DR. SCOTT A. ALLEN, et al. Report and Recommendation JACOB HAGOPIAN, Recalled Magistrate Judge Plaintiff Juan A. Martinez, pro se, filed a complaint pursuant to 42 U.S.C. § 1983 alleging a violation of his Eighth Amendment rights. In his Complaint, plaintiff claims that he is an epileptic and that he has received inadequate medical care. This matter is currently before the court on the motion of the plaintiff for an "Emergency Injunction." In the motion, plaintiff seeks to have his cell relocated to the hospital block or to a block where he can be monitored by correctional officers. After consideration of the motion, and of the response supplied by the Department of Corrections ("DOC") (who has not been served in this matter), I recommend that plaintiff's motion for an "Emergency Injunction" be denied as moot since the DOC has relocated the plaintiff to a cell where he can be monitored by DOC personnel. Any objection to this Report and Recommendation must be specific and must be filed with the Clerk of Court within ten days of its receipt. Fed.R.Civ.P. 72(b); Local Rule 32. Failure to file timely, specific objections to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision. United States v. Valencia-Copete, 792 F.2d 4 (1st Cir. 1986) (per curiam); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d. 603 (1st Cir. 1980).