Graves v. Gray et al

Filing 26

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S 11 REPORT AND RECOMMENDATION. Signed by Judge Ron Clark on 1/13/17. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
SCOTT W. GRAVES

§

VS.

§

DAVID W. MBUGUA, et al.,

§

CIVIL ACTION NO.9:16-CV-170

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Scott W. Graves, an inmate currently confined at the Michaels Unit with the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma
pauperis, brings this civil rights action pursuant to 42 U.S.C. § 1983 against defendants Mbugua,
Gray and Hanson.
The Court referred this matter to the Honorable Keith Giblin, 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 a preliminary injunction and/or temporary
restraining order be denied.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. Plaintiff filed
objections to the Report and Recommendation of United States Magistrate Judge. This requires a
de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV.
P. 72(b).
After careful consideration, the Court finds plaintiff’s objections lacking in merit. Plaintiff
concedes in his objections that he has moved units since filing his motion for preliminary injunction

and/or temporary restraining injunction. As outlined by the Magistrate Judge, a transfer of units
makes the motion for preliminary injunction and/or temporary restraining order moot.1
ORDER
Accordingly, petitioner’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.

So Ordered and Signed
Jan 13, 2017

1

Plaintiff was originally housed at the Gib Lewis Unit when he filed suit and was ultimately transferred to
the Michaels Unit. The Magistrate Judge erred in stating plaintiff was transferred from the Eastham Unit. This error,
however, has no bearing or consequence on the ultimate finding that plaintiff’s motion for preliminary injunction
and/or temporary restraining order is moot.

2