Walter Booker v. R. Timmon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-00555-JCC-IDD. Copies to all parties and the district court/agency [999790472]. Mailed to: Walter D. Booker. [15-7720]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7720

WALTER D. BOOKER,
Plaintiff – Appellant,
v.
R. TIMMONS, Unit Manager; B. M. CLAUDE, Lieutenant; T.
ROBINSON, Sergeant; G. D. FAULCON, Sergeant; LIEUTENANT
TAYLOR; M. L. ROOK, Correctional Officer,
Defendants – Appellees,
and
A.
DAVID
ROBINSON,
Chief
of
Corrections
Operations;
WENDY S. HOBBS, Regional Administrator; EDDIE L. PEARSON,
Lead Warden; C. PARKER, Warden; J. HARRIS, Warden; C.
BOONE, Regional Ombudsman; S. TAPP, Human Rights Advocate;
K.
WHITEHEAD,
Grievance
Coordinator;
L.
GOODE,
Unit
Manager; D. DUGGER, Institutional Hearings Officer,
Defendants.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:14-cv-00555-JCC-IDD)

Submitted:

March 29, 2016

Before AGEE and
Circuit Judge.

KEENAN,

Decided:

Circuit

Judges,

and

April 7, 2016

DAVIS,

Vacated and remanded by unpublished per curiam opinion.

Senior

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Walter D. Booker, Appellant Pro Se. Margaret Hoehl O’Shea,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, John Michael
Parsons, Assistant Attorney General, Richmond, Virginia, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Virginia inmate Walter Booker appeals the district court’s
order denying his request for a preliminary injunction in this
42 U.S.C. § 1983 (2012) action.

The district court denied the

requested injunction because Booker did not show that he could
satisfy

any

of

the

factors

set

forth

in

Winter

v.

Resources Def. Council, Inc., 555 U.S. 7, 20 (2008).

Natural

The court

made no specific findings of fact in reaching this conclusion.
Rule 52(a)(2), Fed. R. Civ. P., requires that the district court
make particularized findings of fact supporting its decision to
grant

or

deny

a

preliminary

injunction;

such

findings

are

necessary in order for an appellate court to conduct meaningful
appellate

review.

See

H

&

R

Block

Tax

Servs.

LLC

v.

Acevedo-Lopez, 742 F.3d 1074, 1078 (8th Cir. 2014); Kisano Trade
& Invest Ltd. v. Lemster, 505 F. App’x 147, 148 (3d Cir. 2012).
In the absence of any such specific findings, we are constrained
to conclude that the district court abused its discretion in
denying the requested injunction.

See WV Ass’n of Club Owners &

Fraternal Servs., Inc. v. Musgrave, 553 F.3d 292, 298 (4th Cir.
2009) (stating standard of review).
decision

of

proceedings.

the

district

court

We accordingly vacate the
and

remand

for

further

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

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before

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the

and

court

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argument

would

not

aid

the

decisional

process.
VACATED AND REMANDED

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