Mendoza, Jr. v. Worthy

Filing 11

ORDER overruling objections and adopting 5 Report and Recommendation. Signed by Judge Ron Clark on 4/28/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ALVINO L. MENDOZA, JR.

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VS.

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MAJOR W. WORTHY, ET AL.

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CIVIL ACTION NO. 1:15cv86

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Alvino L. Mendoza, proceeding pro se, filed the above-styled civil rights action.
The court previously referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. § 636 and applicable orders of
this court.
The Magistrate Judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning this matter. The Magistrate Judge recommends the case be dismissed
without prejudice as moot.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the Report
and Recommendation.
The court has conducted a de novo review of the objections in light of the record and the
applicable law. After careful consideration, the court is of the opinion the objections are without
merit. Plaintiff asks the court to enter an injunction directing that he be transferred to another prison
unit. Based on the authorities cited by the Magistrate Judge, plaintiff’s transfer to another prison unit
after the filing of this lawsuit renders his complaint moot.1

1

In his objections, plaintiff also complained of an improper prison disciplinary conviction. Plaintiff’s
allegations regrading his disciplinary conviction have been severed from this lawsuit and will proceed as a separate
action.

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 as the opinion of the court. A final judgment shall be entered in accordance with the
recommendation of the Magistrate Judge.
So ORDERED and SIGNED this 28 day of April, 2016.

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Ron Clark, United States District Judge