Payne v. Genovese et al

Filing 54

ORDER: Report and Recommendations 53 is Adopted. Plaintiff's Motion for a Preliminary Injunction and for a Temporary Restraining Order 2 is DENIED AS MOOT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/13/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LARRY PAYNE,

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Plaintiff,
v.
KEVIN GENOVESE, et al.,
Defendants.

No. 3:17-cv-01410
CHIEF JUDGE CRENSHAW

ORDER
Before the Court is a Report and Recommendation from the Magistrate Judge,
recommending the Court deny Plaintiff’s Motion for a Preliminary Injunction and for a Temporary
Restraining Order. (Doc. No. 53.) No timely objections have been filed. After a de novo review,
the Report and Recommendation is ADOPTED.
Accordingly, Plaintiff’s Motion for a Preliminary Injunction and for a Temporary
Restraining Order (Doc. No. 2) is DENIED AS MOOT. Plaintiff obtained the relief he sought by
being transferred to a “flat land facility” such as the Whiteville Correctional Facility and given
“special custom shoes.” It is unnecessary to issue an order to prevent Defendants from destroying
evidence because Defendants already have such a duty because of this pending lawsuit. The Court
cannot order Tony Parker to require the Turney Center to follow Plaintiff’s doctors’ orders because
Plaintiff is no longer housed at the Turney Center.
IT IS SO ORDERED.
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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE