Hulsey v. Thaler et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS. This civil rights complaint is DISMISSED with prejudice. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 12/10/13. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

JAMES HULSEY, #1118103

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VS.

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RICK THALER, ET AL.

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CIVIL ACTION NO. 6:13cv623

ORDER OF DISMISSAL
Plaintiff James Hulsey, an inmate confined at the Skyview Psychiatric Facility of the Texas
prison system, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983.
Hulsey stated that he is a chronic psychiatrically ill inmate and is taking antipsychotic medication. The
Skyview Unit is air-conditioned. He fears that he will be released from the Skyview Unit to a unit
without air-conditioning, which could lead to a heat stroke and death. He wants a permanent
injunction ordering the prison system to provide an air-conditioned chronic care facility for psychiatric
inmates after they are released from the Skyview Unit. The complaint was referred to United States
Magistrate Judge John D. Love, who issued a Second Report and Recommendation concluding that
the lawsuit was too speculative to warrant injunctive relief. A recommendation was made to dismiss
the lawsuit pursuant to 28 U.S.C. § 1915A(b)(1).
Hulsey has filed objections. He reiterated that he is psychiatrically ill and suffers from a mental
disorder of the schizoaffective depressive type. He once again expressed a fear of being released to
facility that is not air-conditioned, which could lead to a heat stroke or death. However, as explained
in the Second Report and Recommendation, his fear of being released from the Skyview Unit to a unit
that is not air-conditioned is too speculative to warrant injunctive relief.
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The Second Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of the objections raised by Hulsey, the Court is of the opinion that the findings
and conclusions of the Magistrate Judge are correct, and the objections raised by Hulsey are without
merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the
findings and conclusions of the Court. It is accordingly
ORDERED that the civil rights complaint is DISMISSED with prejudice pursuant to 28
U.S.C. § 1915A(b)(1). All motions not previously ruled on are hereby DENIED.
So ORDERED and SIGNED this 10th day of December, 2013.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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