United States District Court, E.D. Michigan, Southern Division
Steven Whalen Magistrate Judge
ORDER: (1) ADOPTING IN PART REPORT AND RECOMMENDATION
;(2) OVERRULING PLAINTIFF'S OBJECTIONS TO REPORT
AND RECOMMENDATION ; (3) DENYING
PLAINTIFF'S MOTION FOR TEMPORARY
RESTRAINING ORDER AND PRELIMINARY INJUNCTION ; (4)DENYING
PLAINTIFF'S MOTION FOR DISTRICT JUDGE TO ISSUE
DIRECTIVE ORDER TO MAGISTRATE JUDGE
J. Tarnow Senior United States District Judge
December 1, 2016, Plaintiff Robert Annabel filed a Motion for
Temporary Restraining Order (“TRO”) [Dkt.
#69]. On July 25, 2017, the Magistrate Judge
filed a Report and Recommendation (“R&R”)
, recommending that the Court deny Plaintiff's
Motion. On August 9, 2017, Plaintiff filed Objections 
to the Magistrate Judge's R&R.
March 16, 2017 Plaintiff filed a Motion for District Judge to
Issue Directive Orders to Magistrate Judge .
reasons stated below, the July 25, 2017 R&R  is
ADOPTED in part; Plaintiff's Objections
to the R&R  are OVERRULED;
Plaintiff's Motion for TRO and Preliminary Injunction
 is DENIED; and Plaintiff's Motion
for District Judge to Issue Directive Order to Magistrate
Judge  is DENIED.
and Procedural Background
filed a Complaint  on January 17, 2014 and an Amended
Complaint  on April 8, 2014. In a previous R&R on
this case [Dkt. #38], the Magistrate Judge summarized
Plaintiff's allegations as follows:
At the time of the alleged incidents giving rise to his
complaint, [Plaintiff] was incarcerated at the Gus Harrison
Correctional Facility. On July 1, 2013, he asked Assistant
Resident Unit Manager Steven Kindinger to post a sign-up
sheet for inmates seeking to obtain a position as unit
representative to the Warden's Forum. Kindinger told him,
“I don't want you as block rep.” Amended
Complaint, ¶ IV-1. Because Kindinger had still not
posted a sign-up sheet by July 12, 2013, Plaintiff filed a
grievance on July 17, 2013. Id. ¶ IV-3.
Defendants Eaton and Campbell rejected the grievance, and
notified Defendants Kindinger and Frost, a Corrections
Officer, that Plaintiff had written a grievance and should be
disqualified from a unit representative position.
Id. ¶ IV-4-5.
Plaintiff alleges that on July 22, 2013, he opened the tray
slot in prisoner McQuitter's cell and delivered a folded
t-shirt to McQuitter. Id. ¶ IV-8. Defendant
Frost then walked toward Plaintiff and said,
“You're in trouble, go lock up.” Id.
¶ IV-9. Frost wrote a Class II misconduct ticket against
Plaintiff for disobeying a direct order. Id. ¶
10. Plaintiff alleges that “Frost would not have
written a Class II misconduct for disobeying a direct order
if Plaintiff hadn't pressed the issue about a unit
representative position with his superiors and then filed a
grievance.” Id. ¶ IV-12.
At the misconduct hearing on August 4, 2013, Plaintiff
admitted to opening McQuitter's tray slot, but denied
that Frost had ever given him a direct order to not pass
items to another prisoner. Plaintiff states that Captain
McConnell, who conducted the hearing, “falsely claimed
in a hearings report that Plaintiff admitted disobeying a
direct order.” Id. ¶¶ IV-17-20. He
also alleges that in his August 6, 2013 hearings report,
McConnell “acknowledged that Plaintiff said the
incident could not have occurred at 1620 hours, as stated on
the misconduct report and changed the time to
‘approximately 1830 hours'....” Id.
¶ IV-20. Following the misconduct report, Plaintiff, who
had won election as unit representative, was removed from
that position. Id. ¶¶ IV-19, 21.
Plaintiff brings the following claims:
(1) That all Defendants retaliated against him, in violation
of his First Amendment right to file a grievance and
“for his exercise of the right to freedom of speech on
behalf of himself and other prisoners.”
(2) That Defendant Frost violated substantive due process by
issuing a false misconduct charge.
(3) That Defendant McConnell violated procedural due process
at the misconduct hearing.
(4) That Defendant Campbell violated due process by upholding
McConnell's “false and unsupported findings.”
[Dkt. #38 at 2-3].
moved for summary judgment on all claims . In addition,
on October 22, 2015, Plaintiff filed his first Motion for TRO
and Preliminary Injunction , in which he claimed
infringement of his right to access the courts because he
lacked a sufficient supply of legal paper on which to draft
January 22, 2016 the Court entered an Order , which,
among other things, adopted the Magistrate Judge's
R&R; granted Defendants' Motion for Summary Judgment;
and denied Plaintiff's first Motion for TRO and
February 10, 2016, Plaintiff filed an Amended Notice of
Appeal  on the Court's decision to grant summary
judgment. On September 21, 2016, the Sixth Circuit reversed
in part, vacating the Court's dismissal of the First
Amendment retaliation claim, and affirming the dismissal of
Plaintiff's procedural and substantive due process
claims. Annabel, II v. Frost, No. 15-1518, (6th Cir.
Sept. 21, 2016). The only claim remaining in this action is
Plaintiff's First Amendment retaliation claim.
Plaintiff's current Motion for TRO and Preliminary
Injunction , he again claims interference with his
constitutional right to access the courts. Plaintiff
maintains that he has been denied meaningful use of the
prison's law library. He further contends that officers
at the Gus Harrison Correctional Facility withheld his legal
mail, in violation of Michigan Department of Corrections
is now incarcerated at the Ionia Maximum Correctional
Facility. On July 28, 2017, Plaintiff filed a Renewed Motion
for TRO and Preliminary Injunction . In his Renewed
Motion , Plaintiff repeats the claims asserted in the
current Motion ...