Poullard v. Childress et al

Filing 47

MEMORANDUM ORDER overruling pltf's objections and adopting 44 Report and Recommendation. Signed by Judge Ron Clark on 9/9/08. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION RYAN POULLARD VS. RUDY CHILDRESS, ET AL. § § § CIVIL ACTION NO. 1:06-CV-82 (consolidated with NO. 1:07-CV-168)

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Ryan Poullard, a former prisoner, proceeding pro se and in forma pauperis, filed these civil actions pursuant to Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. § 2000bb, and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), 42 U.S.C. § 2000cc. The court ordered that these matters be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the case. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed objections to the magistrate judge's Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes the objections are without merit. Plaintiff is barred from recovering compensatory damages because he did not suffer any physical injuries as a result of the defendants' actions. 42 U.S.C. § 1997e(e).

Plaintiff's requests for declaratory and injunctive relief are moot because he has been released from prison. Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001). ORDER Accordingly, plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with this memorandum order.

So ORDERED and SIGNED this 9 day of September, 2008.

___________________________________ Ron Clark, United States District Judge