Flowers v. Lappin et al

Filing 25

ORDER overruling pltf's objections and adopting 16 Report and Recommendation. Pltf's 2 , 5 and 6 Motions for injunctive relief are denied. Signed by Judge Ron Clark on 9/3/09. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ANTHONY C. FLOWERS VS. HARLEY LAPPIN, ET AL. § § § CIVIL ACTION NO. 1:08cv653

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Anthony C. Flowers, an inmate confined within the Bureau of Prisons, proceeding pro se, filed the above-styled civil rights lawsuit. The court referred this matter to the Honorable Earl S. HInes, United States Magistrate Judge, for consideration pursuant to 28 U.S.C. § 636 and applicable orders of this court. Plaintiff has filed three motions (doc. nos. 2, 5 and 6, part 2) requesting preliminary injunctive relief. The magistrate judge has submitted a Report and Recommendation of United

States Magistrate Judge concerning the motions. The magistrate judge recommends the motions be denied. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the records, pleadings and all available evidence. Plaintiff filed objections to the Report and Recommendation. The court has conducted a de novo review of the objections filed by plaintiff. After careful consideration, the court is of the opinion the objections are without merit. The magistrate judge correctly concluded it would not be appropriate for this court to enter injunctive relief against prison officials in other states that are not defendants in this lawsuit.

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. Plaintiff's motions for injunctive relief are DENIED.

So ORDERED and SIGNED this 3 day of September, 2009.

___________________________________ Ron Clark, United States District Judge