Watts v. Pickett et al

Filing 37

ORDER denying 17 Letter Motion to be Placed in Protective Custody; adopting 24 Report and Recommendation. Signed by Honorable David C. Bramlette, III on December 11, 2017 (JBR)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
CARL WATTS

PLAINTIFF

v.

CAUSE NO. 5:17-cv-38-DCB-MTP

RICHARD PICKETT, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the Letter Motion to Be
Placed in Protective Custody [Doc. 17] filed by Plaintiff Carl
Watts and the unobjected-to Report and Recommendation [Doc. 24] of
Magistrate Judge Michael T. Parker.
Magistrate

Judge

Parker

recommends

that

the

Court

deny

Watts’s motion. Watts is an inmate housed at Wilkinson County
Correctional Facility. He asks the Court to order Defendants to
place him in a protective custody unit in another prison. Watts
seeks a transfer because he fears that other prisoners who have
robbed and assaulted him in the past will do so again.
Liberally

construing

Watts’s

motion

as

a

request

for

a

preliminary injunction, Magistrate Judge Parker concludes that
Watts shows neither a substantial likelihood of success on the
merits, nor the possibility of irreparable harm. In so holding,
Magistrate Judge Parker finds that Defendants have implemented
safety measures minimizing the risk that Watts will fall victim to

another prison attack. Magistrate Judge Parker further finds that
Watts fails to show that these safety measures are insufficient or
that they will not be followed.
ACCORDINGLY,
IT IS HEREBY ORDERED that the Report and Recommendation [Doc.
24] of Magistrate Judge Michael T. Parker, to which no objections
were filed, is ADOPTED as the findings and conclusions of this
Court;
FURTHER ORDERED

that the Letter Motion to Be Placed in

Protective Custody [Doc. 17] filed by Plaintiff Carl Watts is
DENIED.
SO ORDERED, this the 11th day of December, 2017.

/s/ David Bramlette_________
UNITED STATES DISTRICT JUDGE

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