Justice v. Stephens et al

Filing 52


Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION RICKY BARNARD JUSTICE § VS. § WARDEN HARRIS, ET AL. § 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. ___________________________________ Ron Clark, United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?