MARTINEZ v. ALLEN

2004 | Cited 0 times | D. Rhode Island | September 9, 2004

Report and Recommendation

Plaintiff Juan A. Martinez, pro se, filed a complaintpursuant to 42 U.S.C. § 1983 alleging a violation of his EighthAmendment rights. In his Complaint, plaintiff claims that he isan epileptic and that he has received inadequate medical care.

This matter is currently before the court on the motion of theplaintiff for an "Emergency Injunction." In the motion, plaintiffseeks to have his cell relocated to the hospital block or to ablock where he can be monitored by correctional officers. Afterconsideration of the motion, and of the response supplied by theDepartment of Corrections ("DOC") (who has not been served inthis matter), I recommend that plaintiff's motion for an"Emergency Injunction" be denied as moot since the DOC hasrelocated the plaintiff to a cell where he can be monitored byDOC personnel.

Any objection to this Report and Recommendation must bespecific and must be filed with the Clerk of Court within tendays of its receipt. Fed.R.Civ.P. 72(b); Local Rule 32. Failureto file timely, specific objections to this report constituteswaiver of both the right to review by the district court and theright to appeal the district court's decision. United States v.Valencia-Copete, 792 F.2d 4 (1st Cir. 1986) (per curiam); ParkMotor Mart, Inc. v. Ford Motor Co., 616 F.2d. 603 (1st Cir.1980).

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