United States District Court, W.D. Pennsylvania
December 9, 2005.
PATRICK HOPKINS, Plaintiff,
GNC FRANCHISING, INC., Defendant.
The opinion of the court was delivered by: ARTHUR SCHWAB, District Judge
The Plaintiff's complaint was received by the Clerk of Court on
October 28, 2005, and was referred to United States Magistrate
Judge Francis X. Caiazza for pretrial proceedings in accordance
with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3
and 72.1.4 of the Local Rules for Magistrates.
The magistrate judge's Report and Recommendation, filed on
November 17, 2005, recommended that the Plaintiff's Motion for
Temporary Restraining Order (Doc. 2) now treated as a Motion for
Preliminary Injunctive Relief, be denied. The parties were
allowed ten days from the date of service to file objections. No
objections have been filed. After review of the pleadings and
documents in the case, together with the Report and
Recommendation, the following order is entered:
AND NOW, this 9th day of December, 2005,
IT IS HEREBY ORDERED that the Plaintiff's Motion for Temporary
Restraining Order (Doc. 2) now treated as a Motion for
Preliminary Injunctive Relief, is DENIED. The Report and Recommendation of Magistrate Judge Caiazza,
(Doc. 12) dated November 17, 2005 is adopted as the opinion of
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