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Bolz v. Unknown Defendants

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION
May 23, 2019
CIVIL ACTION NO. 1:16-CV-503 (E.D. Tex. May. 23, 2019)

Opinion

CIVIL ACTION NO. 1:16-CV-503

05-23-2019

MIKEAL BOLZ v. UNKNOWN DEFENDANTS


MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff, Mikeal Bolz, an inmate formerly confined at the Stiles Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against unknown defendants.

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 plaintiff's Motion for Protective Order, liberally construed as a Motion for a 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 the objections lacking in merit. Plaintiff complains of events while incarcerated at the Mark Stiles Unit. At the time of filing the motion, however, plaintiff was incarcerated at the Estelle Unit and has since been transferred again to the Lewis Unit. As plaintiff is no longer incarcerated at the Stiles Unit, his request for injunctive relief is moot. Tuft v. Texas, 410 F. App'x 770 (5th Cir. 2011) (citing Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001).

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.

SIGNED this the 23 day of May, 2019.

/s/_________

Thad Heartfield

United States District Judge


Summaries of

Bolz v. Unknown Defendants

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION
May 23, 2019
CIVIL ACTION NO. 1:16-CV-503 (E.D. Tex. May. 23, 2019)
Case details for

Bolz v. Unknown Defendants

Case Details

Full title:MIKEAL BOLZ v. UNKNOWN DEFENDANTS

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

Date published: May 23, 2019

Citations

CIVIL ACTION NO. 1:16-CV-503 (E.D. Tex. May. 23, 2019)