Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Ryder v. Luscavage

United States District Court, Third Circuit

January 23, 2014

NELSON RYDER, Plaintiff,
v.
ANTHONY LUSCAVAGE, et al., Defendants.

ORDER

ROBERT D. MARIANI, District Judge.

AND NOW, THIS 23RD DAY OF JANUARY 2014, upon de novo review of Magistrate Judge Mehalchick's Report &Recommendation (Doc. 39), and upon consideration of Plaintiffs Objections thereto (Doc. 42) and Memorandum of Law (Doc. 46), Plaintiffs Motion for Preliminary Injunction (Doc. 3), Brief in Support (Doc. 6), and Dec/aration in Support (Doc. 2), IT IS HEREBY ORDERED THAT:

1. Plaintiff's Objections (Doc. 42) are OVERRULED.
2. The Report & Recommendation (Doc. 39) is ADOPTED to the extent that given the Court's related Order (Doc. 47) granting Plaintiffs Motion to Amend (Doc. 43), Defendants have not yet been served with acopy of Plaintiffs Third Amended Complaint, they have not waived service, and no counsel have enter appearances on Defendants' behalf, thus preventing this Court from making adetermination on the merits of Plaintiffs Motion for Preliminary Injunction (Doc. 3).
3. Plaintiff's Motion for Preliminary Injunction (Doc. 3) is DENIED WITHOUT PREJUDICE.
a. The Court recognizes Plaintiffs arguments that he did file a Brief in Support (Doc. 6) and Declaration (Doc. 2) in conjunction with his Motion for Preliminary Injunction (Doc. 3), so failure to file supporting briefs and evidence should not be abasis for denying his motion. Nevertheless, a "court may issue a preliminary injunction only on notice to the adverse party." FED. R. CIV. P. 65(a)(1). Furthermore, to determine whether Plaintiff is entitled to injunctive relief, the Court must hold a hearing on Plaintiffs motion, which the Court cannot do without Defendants' participation. Id. at 65(a)(2). Finally, the Third Amended Complaint first must be screened by Judge Mehalchick under 28 U.S.C. 1915A(a) before she can hold ahearing on Plaintiffs motion.
b. Should Plaintiffs Third Amended Complaint survive the screening stage, Plaintiff may renew his Motion for Preliminary Injunction by re-filing his motion, brief in support, and declaration (Docs. 2, 3, 6).
4. The case is remanded to Judge Mehalchick for further pre-trial proceedings.

Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.