Spotts v. United States of America

Filing 14

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. As plaintiff was transferred to another prison unit after he filed his motion, his request for injunctive relief based on conditions at his former unit is moot. Signed by District Judge Marcia A. Crone on 3/12/19. (mrp, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

KELVIN ANDRE SPOTTS,

§
§
§
§
§
§
§
§
§

Plaintiff,
versus
UNITED STATES OF AMERICA,
Defendant.

CIVIL ACTION NO. 1:18-CV-216

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Kelvin Andre Spotts, an inmate confined within the Bureau of Prisons, proceeding
pro se, filed the above-styled lawsuit. The court previously referred this matter to the Honorable
Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant
to 28 U.S.C. § 636 and orders of this court.
Plaintiff has filed a motion seeking a preliminary injunction. The magistrate judge has
submitted a Report and Recommendation of United States Magistrate Judge recommending the
motion be denied as moot.
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 the objections are

without merit. As plaintiff was transferred to another prison unit after he filed his motion, his
request for injunctive relief based on conditions at his former unit is moot.
ORDER
Accordingly, the objections filed by plaintiff are OVERRULED. The findings of fact and
conclusions of law set forth in the report of the magistrate judge are correct, and the report of the

magistrate judge is ADOPTED. Plaintiff’s motion for preliminary injunction (# 3) is DENIED
as moot.

Signed this date
Mar 12, 2019

2