Sheppard v. Livingston et al

UNITED STATES DISTRICT COURT 	EASTERN DISTRICT OF TEXAS
CURTIS LEE SHEPPARD, JR. 	§
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Plaintiff, 	§
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versus 	§ 	CIVIL ACTION NO. 1:12-CV-169
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BRIAN COLLIER, et al., 	§
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Defendants. 	§
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Curtis Lee Sheppard, Jr., formerly an inmate confined within the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this lawsuit pursuant
to the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). 	The court
previously referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The
magistrate judge has submitted a Report and Recommendation of United States recommending that
a motion to dismiss be granted.
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence. Plaintiff filed what the court construes as objections to the magistrate
judge’s 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 plaintiff’s objections
are without merit. The magistrate judge correctly concluded that as the only relief available under
RLUIPA is prospective injunctive relief, and as plaintiff has received the relief sought, this lawsuit
is moot. 	Moreover, plaintiff’s release from prison also renders his claim for injunctive relief
moot. Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001).
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ORDER
Accordingly, the objections filed by plaintiff (#343) are OVERRULED. The findings of
fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate
judge (#342) is ADOPTED. The motion to dismiss (#340) is GRANTED. A final judgment shall
be entered dismissing this lawsuit.
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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 2nd day of January, 2026.
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