Scutella v. Erie Cnty. Prison

RICHARD A. LANZILLO, CHIEF UNITED STATES MAGISTRATE JUDGE

SUSAN PARADISE BAXTER, UNITED STATES DISTRICT JUDGE

REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF/EVIDENTIARY HEARING ON DEFERRED ORDER

ECF NO. 15

RICHARD A. LANZILLO, CHIEF UNITED STATES MAGISTRATE JUDGE

I. Recommendation

It is respectfully recommended that Plaintiff Jhen Scutella's motion for injunctive relief/evidentiary hearing for deferred order (ECF No. 15) be DENIED.

II. Report

Scutella's pending motion for “injunctive relief/evidentiary hearing on deferred order” summarizes the allegations and relief he set forth in his June 20, 2023 motion for a temporary restraining order (“TRO”) and preliminary injunction (“June motion”). See ECF No. 5. In adopting the undersigned's Report and Recommendation on the June motion, the Court denied the TRO and deferred ruling on the preliminary injunction pending service of the Complaint on Defendants. See ECF Nos. 9, 14. The Court will therefore address the allegations asserted in this motion when it adjudicates the June motion for injunctive relief. Accordingly, the motion for injunctive relief/evidentiary hearing on deferred order (ECF No. 15) should be DENIED.

III. Conclusion

For the foregoing reasons, it is respectfully recommended that the motion for injunctive relief/evidentiary hearing on deferred order (ECF No. 15) be DENIED.