Opinion
CIVIL ACTION NO. 1:19cv339
03-17-2020
CLAUDIO CASTRO v. MICHAEL B. CROW, ET AL.
ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Claudio Castro, proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The court previously referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. § 636 and applicable orders of this court.
Plaintiff has filed a motion seeking a preliminary injunction (doc. no. 4). The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge recommending the motion be denied as moot because plaintiff was transferred to a different prison unit after he filed his motion. See Cooper v. Sheriff, Lubock County, 929 F.2d 1078,1084 (5th Cir. 1991).
The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. Plaintiff filed a document entitled objections.
If objections are filed, the court is required to conduct a de novo review of the objections. See 28 U.S.C. § 636(b)(1)(C). However, in his objections (doc. no. 21), plaintiff states that in light of his transfer to a new unit, he no longer seeks a preliminary injunction and asks that his motion be denied. In addition, plaintiff asserts that his transfer does not provide a basis for dismissing this lawsuit.
The court agrees with the Magistrate Judge's recommendation regarding the motion. Plaintiff's transfer to a new unit rendered his motion for preliminary injunctive relief moot. The court also agrees with plaintiff's assertion that his transfer does not provide a basis for dismissal of this lawsuit.
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 as the opinion of the court. Plaintiff's motion for a preliminary injunction is DENIED.
SIGNED this 17th day of March, 2020.
/s/_________
Michael J. Truncale
United States District Judge