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Skinner v. Collier

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION
Sep 10, 2019
CIVIL ACTION NO. 9:18cv139 (E.D. Tex. Sep. 10, 2019)

Opinion

CIVIL ACTION NO. 9:18cv139

09-10-2019

JESSE PAUL SKINNER v. BRYAN COLLIER, ET AL.


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

Plaintiff Jesse Skinner, an inmate confined within the Texas Department of Criminal Justice, Institutional Division, proceeding pro se, filed the above-styled civil rights lawsuit. The Court previously referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration pursuant to applicable orders of this court.

Plaintiff has filed two motions for preliminary injunction or temporary restraining order (doc. nos. 11 and 12). The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge (doc. no. 34) recommending the motions be denied.

The Court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the Report and Recommendation.

The Court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. After careful consideration, the court is of the opinion the objections are without merit. Plaintiff complains about the extreme heat he is subjected to at the Eastham Unit. However, it is not clear at this point that the conditions he complains of violate the Constitution. As a result, he has not demonstrated there is a substantial likelihood he will prevail on the merits. Byrum v. Landreth, 566 F.3d 442, 445 (5th Cir. 2009). His motions are therefore without merit.

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. Plaintiff's motions for preliminary injunction or temporary restraining order are DENIED.

So Ordered and Signed

Sep 10, 2019

/s/_________

Ron Clark, Senior District Judge


Summaries of

Skinner v. Collier

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION
Sep 10, 2019
CIVIL ACTION NO. 9:18cv139 (E.D. Tex. Sep. 10, 2019)
Case details for

Skinner v. Collier

Case Details

Full title:JESSE PAUL SKINNER v. BRYAN COLLIER, ET AL.

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

Date published: Sep 10, 2019

Citations

CIVIL ACTION NO. 9:18cv139 (E.D. Tex. Sep. 10, 2019)