September 24, 2013
ALTON D. BROWN, Petitioner,
JEFFREY A. BEARD, et al., Respondents.
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 20th day of September, 2013, after review of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter (ECF No. 42) and Plaintiff's objections thereto (ECF No. 80), as well as Plaintiff's objections to Magistrate Judge Rueter's orders limiting discovery to statute-of-limitations issues (ECF No. 23), denying his request for an extension of time to amend the Complaint (ECF No. 25), and denying various discovery requests (ECF No. 79), it is hereby ORDERED as follows:
(1) The Report and Recommendation is APPROVED and ADOPTED;
(2) Plaintiff's objections to the Report and Recommendation (ECF No. 80) are OVERRULED;
(3) Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction (ECF No. 26) is DENIED AS MOOT;
(4) Plaintiff's "Nunc pro Tunc" Objections (ECF No. 79) to Magistrate Judge Rueter's order denying various discovery requests are OVERULED as untimely;
(5) Plaintiff's Objections to Magistrate Judge Rueter's orders limiting discovery and denying an additional extension of time to amend the Complaint are OVERRULED;
It is further ORDERED that Defendants' motions to dismiss (ECF Nos. 8, 12) are DENIED without prejudice, pending the resolution of their motions for summary judgment (ECF Nos. 44, 49).
It is further ORDERED that Plaintiff's Motion for Stay of Further Proceedings (ECF No. 87) is DENIED.
AND IT IS SO ORDERED.