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, )

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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. § 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

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