McCarty v. Davis

Filing 48

ORDER denying 46 Motion for Temporary Restraining Order and Preliminary Injunction. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

April 23, 2019
David J. Bradley, Clerk

JAMES LAWRENCE MCCARTY,

TDCJ #2045586,
Petitioner,
CIVIL ACTION NO . H-18-0711
7

LORIE DAVIS, Director,
Texas Department of Criminal
Justice - Correctional
Institutions Division,

Respondent .
O RD ER

On January 23, 2019, the court granted the respondent's Motion
for Summary Judgment and dism issed the Petition

Writ

Habeas Corpus filed by James Lawrence Mccarty (
Docket Entry No.
On March

2019, Mccarty's appeal from that decision was

dismissed for want of prosecution after he failed to timely pay the

filing fee. See Mccarty v. Davis, No. 19-20109 (
5th Cir.) (
Docket
Entry No .

Mccarty has

filed

nMotion for Temporary

Restraining Order and Preliminary Injunction' (
' Docket Entry No.
regarding limitations that he believes have been imposed on

ability to access the law libraryx

The Motion will be denied

for the reasons explained briefly below .

l
Mccarty also objects to typographical errors found in a Notice
issued by the clerk's office in connection with his appeal (
Docket
Entry No. 46, p . 1). Because the clerk's office has issued a
written response to his concerns (
Docket Entry No. 47), the court
does not address them further other than to note that Mccarty's

appeal was not prejudiced in any way by the errors.

Mccarty is currently incarcerated in the Texas Department of

Criminal Justice

(
UTDCJ/
')

the Clements Unit

Mccarty alleges that Officer Deana McBroom ,
correctional officer assigned

provide

Amarillo.
described as

sqcurity

library, has interfered with his visits

the 1aw

the 1aw library

mistreating him in a hostile and unjustified manner (
Docket Entry
No . 46,

Mccarty seeks a court order directing officials

allow him naccess

the legal research material and the help of

other prisoners' that he needs during 1aw library sessions that do
'

involve Officer McBroom ( .
Id
A lthough there
library

free-standing right

legal assistance while

right to access the courts.

access a law

p rison , prisoners do have

See Lew is v . Casev,

2180 (
1996); see also Jones v. Greninaer,

2174,

F.3d

1999) (
observing that a prisoner's right

access the courts

reasonably adequate opportunity

encompasses

frivolous legal claims challenging his conviction or conditions

confinement). To the extent that Mccarty's allegations concern the
conditions of his con finem ent with respect

his right

claim s are actionable,

the courts,

complaint filed under 42 U .S .C . 5 1983, and

aCCeSS

a civil rights
a habeas

See Cook v . Texas Dep't of Criminal Justice Tran-

proceeding .

-

sitional Plannino Dep't,
-

F.3d 166, 168 (
5th Cir . 1994). Without

expressing any opinion on the potential merits of Mccarty's claim ,

the court declines to reopen this closed federal habeas proceeding
and re-characterize

rights action because

Clements Unit where Mccarty

assigned and the complained

incidents occurred is located outside this court's jurisdiction
the Northern District of Texas, Amarillo Division .
Therefore ,

ORDERED that Mccarty's Motion for Temporary

Restraining

Entry No.

DEN IED .

The Clerk will provâde a copy of this Order
SIGNED

H s n, T xa o
ou to e s, n

;1 d
A

the parties.

f p ye 20
l d, 19.

SIM LAKE
UNITED STATES DISTRICT JUDGE

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