Streater v. Thaler et al

Filing 42

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE ON PLAINTIFF's MOTIONS FOR INJUNCTIVE RELIEF. Plaintiff's motion for TRO # 12 and for preliminary injunction # 29 are denied. Signed by Judge Ron Clark on 3/7/12. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
THEODORE STREATER

§

v.

§

RICK THALER, ET AL.

§

CIVIL ACTION NO. 9:011v68

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
ON PLAINTIFF’S MOTIONS FOR INJUNCTIVE RELIEF
The Plaintiff Theodore Streater filed this lawsuit under 42 U.S.C. §1983 complaining of
alleged deprivations of his constitutional rights. This Court ordered that the matter be referred to
the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order
for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges.
Streater’s lawsuit concerns claims that he has been wrongly billed by the TDCJ inmate phone
system for calls which are dropped, and that he suffered retaliation after complaining about this. He
has filed two separate motions seeking a temporary restraining order and a preliminary injunction.
The Magistrate Judge issued a Report on January 23, 2012, recommending that the motion
for a temporary restraining order be denied. On January 31, 2012, the Magistrate Judge issued a
Report recommending that the motion for a preliminary injunction be denied. Streater received
copies of these Reports on January 26 and February 6, 2012, but filed no objections thereto;
accordingly, he is barred from de novo review by the district judge of those findings, conclusions,
and recommendations and, except upon grounds of plain error, from appellate review of the
unobjected-to proposed factual findings and legal conclusions accepted and adopted by the district
court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996)
(en banc).

1

The Court has reviewed the pleadings in the case as well as the Reports of the Magistrate
Judge. Upon such review, the Court has determined that the Reports of the Magistrate Judge are
correct. It is accordingly
ORDERED that the Reports of the Magistrate Judge (docket no.’s 32 and 37) are hereby
ADOPTED as the opinion of the District Court. It is further
ORDERED that the Plaintiff’s motion for a temporary restraining order (docket no. 12) and
motion for a preliminary injunction (docket no. 29) are hereby DENIED.

So ORDERED and SIGNED this 7 day of March, 2012.

___________________________________
Ron Clark, United States District Judge

2