Bryant v. Jackson et al

Filing 9

MEMORANDUM ORDER overruling pltf's objections and adopting 5 Report and Recommendation. Signed by Judge Ron Clark on 8/17/10. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION RICHARD LEE BRYANT VS. CORRECTIONAL OFFICER JACKSON, ET AL. § § § CIVIL ACTION NO. 1:09cv140

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Richard Lee Bryant, an inmate formerly at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought the above-styled lawsuit. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends this action be dismissed for failing to state a claim upon which relief may be granted. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed objections to the magistrate judge's Report and Recommendation. This requires 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 plaintiff's objections are without merit. Plaintiff is no longer in Beaumont so his requests for injunctive relief or transfer are moot and can not be granted. See Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001); Cooper v. Sheriff, Lubbock County, Texas, 929 F.2d 1078, 1084 (5th Cir. 1991). Further, plaintiff failed to state or demonstrate that he was actually injured as a result of the defendants' actions.

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 the magistrate judge's recommendations.
So ORDERED and SIGNED this 17 day of August, 2010.

___________________________________ Ron Clark, United States District Judge

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