Smith v. Livingston et al
ORDER OVERRULING OBJECTIONS AND ADOPTING 14 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 3/28/17. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BRAD LIVINGSTON, ET AL.
CIVIL ACTION NO. 9:16cv14
ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff David Smith, formerly a prisoner at the Eastham Unit, proceeding pro se, brought
the above-styled lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends plaintiff’s motion to show cause for injunctive relief (docket
entry no. 10) should be denied, and plaintiff’s claims for injunctive relief should be dismissed as
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed
objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review
of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court concludes plaintiff’s objections are without merit. As
the Magistrate Judge found, plaintiff’s release from prison has rendered his claims for injunctive
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. It
ORDERED that plaintiff’s motion to show cause for injunctive relief (docket entry no. 10)
is DENIED, and plaintiff’s claims for injunctive relief are DISMISSED as moot.
So ORDERED and SIGNED this 28th day of March, 2017.
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