Pitts v. Davis

Filing 25

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS of the United States Magistrate Judge for 15 Report and Recommendations. ORDERED that the motion for a temporary restraining order/preliminary injunction, (Dkt. #1), is DENIED. ORDERED that any and all motions which may be pending in this action are herebyDENIED. Signed by District Judge Richard A. Schell on 2/19/2019. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
TORY LANCE PITTS, #1038349

§

VS.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 6:18cv280

ORDER OF DISMISSAL
Plaintiff Tory Pitts, an inmate confined at the Michael Unit within the Texas Department
of Criminal Justice (TDCJ), proceeding pro se, filed this motion for a temporary restraining order
or preliminary injunction, complaining of alleged violations of his constitutional rights under 42
U.S.C. § 2000cc Religious Land Use and Institutional Persons Act (RLUIPA). The case was
referred to the United States Magistrate Judge, the Honorable John D. Love, for findings of fact,
conclusions of law, and recommendations for disposition of the case.
On September 28, 2018, Judge Love issued a Report, (Dkt. #15), recommending that the
Plaintiff's motion for a temporary restraining order be denied. Judge Love determined that
Plaintiff failed to meet the strict requirements necessary for obtaining an injunction. Plaintiff
has filed timely objections, (Dkt. #22).
The court has conducted a careful de novo review of those portions of the Magistrate
Judge’s proposed findings and recommendations to which the Plaintiff objected. See 28 U.S.C.
§636(b)(1) (District Judge shall “make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.”). Upon such de
novo review, the court has determined that the Report of the United States Magistrate Judge is
correct and the Plaintiff’s objections are without merit. Accordingly, it is

1

ORDERED that Plaintiff’s objections, (Dkt. #22), are overruled and the Report of the
Magistrate Judge, (Dkt. #15), is ADOPTED as the opinion of the District Court. Further, it is
ORDERED that the above-styled motion for a temporary restraining order/preliminary
injunction, (Dkt. #1), is DENIED. It is also
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
.

SIGNED this the 19th day of February, 2019.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

2