Justice v. Stephens et al

Filing 52

ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S 45 REPORT AND RECOMMENDATION. Signed by Judge Ron Clark on 9/22/17. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
RICKY BARNARD JUSTICE

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VS.

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WARDEN HARRIS, ET AL.

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CIVIL ACTION NO. 9:16cv94

ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Ricky Barnard Justice, an inmate at the Polunsky Unit, proceeding pro se, brought
the above-styled lawsuit.
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 for injunctive relief be denied.
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.
Plaintiff has failed to show the existence of a substantial threat of irreparable injury. As set forth in
the Report, plaintiff’s claims were speculative and the motion is moot following his transfer to
another facility. See Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001); Cooper v. Sheriff,
Lubbock County, Texas, 929 F.2d 1078, 1084 (5th Cir. 1991). Additionally, plaintiff has failed to
show a substantial likelihood of success on the merits. It is unclear whether plaintiff exhausted the

prison grievance procedure prior to filing this action, as required by the PLRA. Plaintiff has also
failed to show injury related to his claims. Further, plaintiff’s medical claims are a disagreement
with medical professionals over the proper course of treatment and fail to state a claim upon which
relief may be granted.
ORDER
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
is therefore
ORDERED that plaintiff’s motion for injunctive relief is DENIED.
So ORDERED and SIGNED this 22 day of September, 2017.

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Ron Clark, United States District Judge