Fiorito v. Fikes
- Wilhelmina Wright
- 0:22-cv-00512
- U.S. District Court · District of Minnesota
- 1
In Fiorito v. Fikes, Judge Wright adopted an earlier recommendation and denied Fiorito’s emergency request for a preliminary injunction or temporary restraining order.
Michael Fiorito’s request for emergency court-ordered relief was denied; the order also adopted the magistrate judge’s recommendation concerning that request.
What happened
In Fiorito v. Fikes, Michael Fiorito asked for an emergency preliminary injunction or temporary restraining order. The opinion does not describe the underlying dispute or the requested relief in detail.
A magistrate judge had recommended denying the request. No objections were filed, so the court reviewed the recommendation for clear error and found none.
Judge Wilhelmina M. Wright adopted the recommendation and denied Fiorito’s motion. The order directed that judgment be entered accordingly.
The detailed version
- Fiorito v. Fikes · No. 0:22-cv-00512
- Wilhelmina Wright
- June 23, 2022
Background
Petitioner Michael Fiorito filed a motion seeking an emergency preliminary injunction or temporary restraining order. The opinion identifies Warden Fikes as the respondent but does not describe the underlying claims or the specific relief Fiorito sought.
United States Magistrate Judge Hildy Bowbeer issued a May 23, 2022 Report and Recommendation recommending disposition of the motion. Neither party filed objections.
Court’s Review and Ruling
Because no timely objections were filed, the court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court reviewed the recommendation and found no clear error.
The court adopted the May 23, 2022 Report and Recommendation and denied Michael Fiorito’s motion for an emergency preliminary injunction or temporary restraining order. The court also ordered that judgment be entered accordingly.
Limits of the Opinion
This order does not explain the underlying dispute, the reasons for seeking emergency relief, or the reasoning contained in the adopted Report and Recommendation.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.