Merryman v. Collier et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
BRUCE MERRYMAN 	§
VS. 	§ 	CIVIL ACTION NO. 1:24cv19
BRYAN COLLIER, ET AL. 	§
ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Bruce Merryman, an inmate confined at the Pack Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled civil
rights lawsuit against Bryan Collier, Reginald Chambers and Kevin Attaway. The Court previously
referred this matter to the Honorable Christine L. Stetson, United States Magistrate Judge, for
consideration pursuant to applicable orders of this Court. The Magistrate Judge has submitted a
Report and Recommendation of United States Magistrate Judge recommending that a motion for
partial dismissal filed by defendant Collier be granted.
Defendant Collier asked that the claim against him for injunctive relief concerning conditions
at the LeBlanc Unit be dismissed. 	The Magistrate Judge’s recommendation was based on her
conclusion that plaintiff’s transfer from the LeBlanc Unit to the Pack Unit rendered his request for
injunctive relief moot.
Plaintiff filed a response to the Report and Recommendation. He states that while he agrees
that the claim regarding injunctive relief concerning conditions at the LeBlanc Unit is moot, he asks
that the claim be dismissed without prejudice. 	As the claim is being dismissed as moot, the
dismissal will be without prejudice.
ORDER
The findings of fact and conclusions of law in the report are correct and the report of the
Magistrate Judge [Dkt. 23] is ADOPTED as the opinion of the court. 	The motion for partial
dismissal [Dkt. 15] filed by defendant Collier is GRANTED. The claim against defendant Collier
for injunctive relief concerning conditions at the LeBlanc Unit is DISMISSED without prejudice
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as moot.
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____________________________
Michael J. Truncale
United States District Judge
SIGNED this 3rd day of March, 2026.
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