Sheppard v. Livingston et al
Filing
145
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Plaintiff's # 105 Motion for Preliminary Injunction is denied. Signed by Judge Marcia A. Crone on 3/6/15. (mrp, )
UNITED STATES DISTRICT COURT
CURTIS LEE SHEPPARD,
Plaintiff,
versus
BRAD LIVINGSTON, et al.,
Defendants.
EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:12-CV-169
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Curtis Lee Sheppard, an inmate confined at the Michael Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
civil rights lawsuit pursuant to 42 U.S.C. § 1983. The court previously referred this matter to the
Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration
pursuant to applicable laws and orders of this court.
Plaintiff has filed a motion seeking a preliminary injunction (#105). The magistrate judge
has submitted a Report and Recommendation of United States Magistrate Judge concerning the
motion. The magistrate judge recommends the motion be denied.
The court has received the Report and Recommendation, 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. After careful consideration, the court is of the opinion plaintiff’s objections
are without merit. As the court has previously observed, this lawsuit involves events which
occurred at the Stiles Unit. In contrast, plaintiff’s motion complains of events which occurred at
the Michael Unit and which do not involve the named defendants. Any relief plaintiff seeks
concerning events at the Michael Unit should be pursued in a separate lawsuit. Events at the
Michael Unit do not provide a basis for preliminary injunctive relief in this lawsuit.
ORDER
Accordingly, the objections filed by plaintiff are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is
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ADOPTED. Plaintiff’s motion for preliminary day of September, 2004.
SIGNED at Beaumont, Texas, this 7th injunction is DENIED.
SIGNED at Beaumont, Texas, this 6th day of March, 2015.
________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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