IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
October 6, 2010
JEFFREY D. TURNER, PLAINTIFF,
J. LEGGETT, CORRECTIONAL OFFICER IV AT SCI FAYETTE; DR. JIN; MICHELLE LUCAS; JOHN MCANANY, CRNS AT SCI GREENE; NEDRA GREGO, RN AT SCI GREENE; DORINA VARNER, CHIEF GRIEVANCE COORDINATOR AT CENTRAL OFFICE; DR. HERBIK, DOCTOR AT SCI FAYETTE; R. TRETINIK, CHCA AT SCI FAYETTE; CHRIS MYERS, PHYSICIAN ASSISTANT AT SCI FAYETTE; S. BERRIER, CRNS AT SCI FAYETTE; B. WALSCH, CORRECTIONAL OFFICER #1 AT SCI FAYETTE; R. J. GODINES, CORRECTIONAL OFFICER #1 AT SCI FAYETTE DEFENDANTS.
The opinion of the court was delivered by: David Stewart Cercone United States District Judge
AND NOW, this 6th day of October, 2010, after de novo review of the record and upon due consideration of  the magistrate judge's report and recommendation filed on July 1, 2010, and  plaintiff's objections thereto, IT IS ORDERED that  Plaintiff 's Motion for Preliminary Injunction be, and the same hereby is, denied. The report and recommendation as augmented herein is adopted as the opinion of the court.
Plaintiff's objections are without merit. Merely needing ongoing treatment for "hypertion" (sic), a broken right toe and athlete's feet and alleging a lag time in receiving prescriptions or further recommended treatment falls short of the showing needed to establish imminent irreparable harm. Furthermore, having such maladies and receiving treatment in the manner described establishes only that a potential exists that the dire conditions highlighted by plaintiff may come to pass, which is conjectural. Consequently, the standards for injunctive relief have not been satisfied.
Honorable Lisa Pupo Lenihan United States Magistrate Judge
© 1992-2010 VersusLaw Inc.