March 3, 2009
GEORGE IVAN LOPEZ, PLAINTIFF,
DAVID GRAINEY, MAJOR, VICTOR SANTOYO, LIEUTENANT, PAUL PALYA, UNIT MANAGER, THOMAS JACKSON, DEPUTY SUPERINTENDENT, DANIEL DAVIS, ASSIST. SUPERINTENDENT, DIANE THOMAS, ADMINISTRATOR, LOUIS FOLINO, SUPERINTENDENT OF S.C.I. GREENE, M.S. GUYTON, UNIT MANAGER, CINDY WATSON, CHIEF GRIEVANCE COORDINATOR, JEFFREY A. BEARD, SECRETARY OF D.O.C., DAVID NOVITSKY, DIRECTOR/OFFICE OF PROFESSIONAL RESPONSIBILITY, MARY REESE, ADMINISTRATOR, DEFENDANTS IN THEIR INDIVIDUAL AND OFFICIAL CAPACITY, IRMA VIHIAL, REGISTERED NURSE, DR. BYUNGHAK JIN, PHYSICIAN, DR. WINHI PARK, PHYSICIAN, AND MICHELLE LUCAS, PHYSICIANS ASSISTANT, DEFENDANTS.
The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge
AND NOW, this 3rd day of March, 2009, the Court hereby VACATES the Order of Court dated March 2, 2009 (Document No. 28) because same was improvidently granted as the Court had not previously reviewed the Order on Motion for Preliminary Injunction (Document No. 23.)
Upon consideration of Plaintiff's OBJECTION TO THE REPORT AND OPINION OF MAGISTRATE LISA PUPO LENIHAN, DATED DEC. 17TH, 08 (Document No. 27), and it appearing that said Order of the Magistrate Judge is not clearly erroneous, contrary to law, or an abuse of discretion, as Plaintiff has failed to meet the requirements for a preliminary injunction, specifically (i) the likelihood of success on the merits and (ii) failure to show irreparable harm necessary to justify such extraordinary relief,
Now therefore, Plaintiff's Objection is DENIED and DISMISSED.
© 1992-2009 VersusLaw ...
Buy This Entire Record For