Gaither v. Cruz et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND DENYING INJUNCTIVE RELIEF - Plaintiff also filed a Motion for the Court to Intervene and Issue an Order of Meaningful Assistance. Plaintiffs interlocutory appeal was dismissed for lack of jurisdiction and the plaintiffs motion is now MOOT. Therefore, the Motion for the Court to Intervene is DENIED. re: 41 Report and Recommendation. (Ordered by Senior Judge Mary Lou Robinson on 9/7/2017) (vls)

IN THE T]NITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION

CHRISTOPHER LEE GAITHER, PRO SE,
TDCJ-CID No. 1821218,
Previous TDCJ-CID No. 805423,
Previous TDCJ-CID No. 887150,
USM No. 29999-280,

$
$
$

$
$
$

Plaintiff,

$
$

v.

$

2:15-CV-O104

$

Asst. Warden GREGORY S. DAVID,
Cpt. RAY D. CRUZ,
Cpt. GENE W. SMITH,
CO V DEANA R. DAVIS, and
Sgt. ANDREW M. GRATZ,

$
$

$
$
$

$

Defendants.

$

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE
JUDGE AND DENYING INJUNCTIVE RELIEF
Plaintiff, Christopher Lee Gaither, actingpro se, filed a Motion for

a Temporary

Restraining Order in the above-referenced and numbered cause.
On February 28,2017,the Magistrate Judge issued a Report and Recommendation
recommending plaintiff s Motion for a Temporary Restraining Order be DENIED.

Plaintiff filed no objections to the Report and Recommendation. On August 3,2017, the
Fifth Circuit dismissed plaintiff

s

interlocutory appeal.

The Court has made an independent examination of the records in this case and has
examined the Magistrate Judge's Report and Recommendation.
The Court is of the opinion that the Report and Recommendation of the United States
Magistrate Judge should be ADOPTED by the united States District court.

This Court, therefore, does hereby ADOPT the Report and Recommendation of the
United States Magistrate Judge. The plaintiff s motion for a temporary restraining order is
without merit and is DENIED.

Plaintiff also filed

a

Motion for the Court to Intervene and Issue an Order of Meaningful

Assistance. Plaintiff s interlocutory appeal was dismissed for lack ofjurisdiction and the

plaintiff

s

motion is now MOOT. Therefore, the Motion for the Court to Intervene is DENIED.

This terminates docket entry nos. 40,42.

It is SO ORDERED.
Signed this the

7rh

day

sl \lary tou

of

September

Robinson

MARY LOU ROBINSON
United States District Judge

.2017

.