Opinion
CIVIL ACTION NO. 5:19-CV-00228-BQ
02-06-2020
AMOS LOTT SIMMS, Institutional ID No. 2171652 Plaintiff, v. TDCJ, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation regarding Plaintiff's request for a preliminary injunction in this case. No objections were filed. The District Court made an independent examination of the record in this case and reviewed the Magistrate Judge's Report and Recommendation for plain error. Finding none, the Court ACCEPTS and ADOPTS the Findings, Conclusions, and Recommendation of the United States Magistrate, with one modification. The United States Magistrate Judge recommended that the motion be denied without prejudice; however, the Court notes that after the Report and Recommendation was entered, Plaintiff was transferred to a new prison unit. Because Plaintiff has received the injunctive relief he seeks in this motion, his request is now moot. As a result, the Court denies the request with prejudice.
SO ORDERED.
This case will remain on the docket of United States Magistrate Judge D. Gordon Bryant, Jr., as described in the Order entered October 23, 2019 (Doc. 4).
Dated February 6, 2020.
/s/_________
SAM R. CUMMINGS
Senior United States District Judge