Opinion
Civil Action 9:22cv183
07-28-2023
ROBERT DEMISON, III v. C.F. HAZELWOOD, ET AL.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Zack Hawthon United States Magistrate Judge
Plaintiff Robert Demison, III, proceeding pro se, filed this civil rights lawsuit against several defendants. The case 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
Pending before the court is a motion for temporary restraining order (doc. no. 4) filed by plaintiff regarding conditions at the Polunsky Unit. Following the date on which his motion was filed, plaintiff notified the court of his transfer to the Coffield Unit. Plaintiff's transfer to another prison unit renders his claim for preliminary injunctive relief moot. Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001). Plaintiff's motion seeking a temporary restraining order should therefore be denied as moot.
Recommendation
Plaintiff's motion for a temporary restraining order should be denied as moot.
Objections
Objections to this Report and Recommendation 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).