Opinion
Civil Action 1:23cv156
09-19-2023
JULIUS TIMOTHY DAWSON v. BOBBY LUMPKIN, ET AL.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
ZACK HAWHORN UNITED STATES MAGISTRATE JUDGE
Plaintiff Julius Timothy Dawson, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above styled civil rights lawsuit. This matter was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636 for findings of fact, conclusions of law, and recommendations for the disposition of the case.
Discussion
Plaintiff has filed a motion seeking a preliminary injunction and temporary restraining order (doc. no. 2). At the time he filed his complaint and motion, plaintiff was incarcerated at the LeBlanc Unit. He subsequently notified the court of his transfer to the Terrell Unit. A transfer to another correctional facility renders a claim for injunctive relief based on conditions at a litigant's former correctional facility moot. Cooper v. Sheriff, Lubbock County, 929 F.2d 1078, 1084 (5th Cir. 1991); Beck v. Lynaugh, 842 F.2d 759, 762 (5th Cir. 1988). As a result, plaintiff's motion seeking a preliminary injunction and temporary restraining order should be denied as moot.
Recommendation
Plaintiff's motion for a preliminary injunction and temporary restraining order should be denied as moot.
Objections
Objections must be (1) specific, (2) in writing, and (3) served and filed within 14 days after being served with a copy of this report. 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 6(A), 6(B) AND 72(B).
A party's failure to object bars that party from (1) entitlement to de novo review by a district judge of proposed findings and recommendations, Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988), and (2) appellate review, except on grounds of plain error, of unobjected-to factual findings and legal conclusions accepted by the district court, Douglass v. United Serv. Auto. Ass'n., 79 F.3d 1415, 1429 (5th Cir. 1996) (en banc).