Nelson v. Castleberry et al

Filing 93

MEMOARANDUM ORDER ADOPTING 81 REPORT AND RECOMMENDATIONS. Plaintiff's motion for preliminary injunction 53 is DENIED. Signed by District Judge Thad Heartfield on 9/16/22. (ljw, )

Case 9:20-cv-00021-TH-ZJH Document 93 Filed 09/16/22 Page 1 of 2 PageID #: 588

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
QUINCY LAJAMES JONES NELSON

§

VS.

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BOB CASTLEBERRY, ET AL.

§

CIVIL ACTION NO. 9:20-cv-21

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Quincy LaJames Jones Nelson, an inmate formerly at the Lewis Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, 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 denying plaintiff’s motion for injunctive relief.
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
set forth in the Report, plaintiff’s transfer to another facility has rendered his claims for injunctive
relief moot. See Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001). Accordingly, plaintiff’s
motion for injunctive relief should be denied.

Case 9:20-cv-00021-TH-ZJH Document 93 Filed 09/16/22 Page 2 of 2 PageID #: 589

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 preliminary injunction (ECF No. 53) is DENIED.
SIGNED this the 16 day of September, 2022.

____________________________
Thad Heartfield
United States District Judge