Opinion
Civil Action 9:22cv183
06-28-2024
ROBERT DEMISON, III v. C.F. HAZELWOOD, ET AL.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Zack Hawthorn 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 filed by plaintiff requesting a preliminary injunction (doc. no. 33). At the time he filed his complaint, plaintiff was incarcerated at the Polunsky Unit. In his motion, he complains of conditions at the Coffield Unit. If plaintiff wishes to complain about conditions at the Coffield Unit, he should do so by filing a separate lawsuit. As this lawsuit concerns events which occurred at the Polunsky Unit, plaintiff is not entitled to preliminary injunctive relief based on events which occurred at the Coffield Unit. His motion should therefore be denied.
Recommendation
Plaintiff's motion for a preliminary injunction should be denied.
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).