2:23-cv-00269•Diez v. Texas Department of Criminal Justice -CID
Texto completo
1 / 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JAMES LOGAN DIEZ, Plaintiff, VS. § § § § § § § § § § CIVIL ACTION NO. 2:23-CV-00269 TEXAS DEPARTMENT OF CRIMINAL JUSTICE -CID, et al., Defendants. MEMORANDUM AND RECOMMENDATION TO DENY PLAINTIFF’S MOTIONS FOR PRELIMINARY INJUNCTIVE RELIEF Plaintiff James Logan Diez, an inmate proceeding pro se, has filed this prisoner civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court are Plaintiff’s motions for a protective order (D.E.’s 102 & 105), which are construed as motions for preliminary injunctive relief. For the reasons set forth below, the undersigned respectfully recommends that Plaintiff’s motions be DENIED. I. BACKGROUND Plaintiff is a prisoner in the Texas Department of Criminal Justice, Criminal Institutions Division (TDCJ-CID) and is currently housed at the McConnell Unit in Beeville, Texas. Plaintiff’s allegations in this case arise in connection with his current housing assignment. In this action, Plaintiff generally challenges a new Texas Department of Criminal Justice (TDCJ) digital mail policy that requires nonlegal mail to be sent to a third-party United States District Court Southern District of Texas ENTERED December 01, 2025 Nathan Ochsner, Clerk Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 1 of 9
2 / 9 vendor in Dallas, Texas, to be scanned and later uploaded to the prisoner’s electronic tablet. (D.E. 1 p. 4; D.E. 1-1 pp. 1-17). The Court previously screened and retained Plaintiff’s First Amendment free speech claim and Fourteenth Amendment procedural due process claim against TDCJ Executive Director Bryan Collier (“Collier”)1 in his official capacity for injunctive relief, including the claims related to digitally scanning and storing inmate mail on servers accessible through the internet. (D.E. 35, p. 6). In his complaint and more definite statement, Plaintiff seeks a permanent injunction of TDCJ’s digital mail scanning policy as applied to him. (D.E. 1, p. 5; D.E. 1-1, p. 11; D.E. 16, p. 15). Plaintiff has filed two similar motions for a protective order, requesting that the Court order Lumpkin to cease and desist taking retaliative action against Plaintiff. (D.E. 102, p. 1; D.E. 105, p. 1). Plaintiff states that, prior to a status conference hearing held in this case on September 10, 2025, he was housed in General Population. Id. Plaintiff asserts he was moved to a smaller cell and much more dangerous environment in administrative segregation housing shortly after the status conference. Id. With regard to the conditions of his confinement in administrative segregation, Plaintiff states that: (1) his cell is infested with bugs, pests, and other vermin; (2) his movement and access to various areas and activities—such as the showers, inmate dining room, mailroom, recreation yard and library—has been restricted; (3) he cannot get fresh air into his cell; (4) he is not provided with any form of cleaning supplies to clean and sanitize his cell; and (5) he has difficulty 1 Since the filing of this lawsuit, Bobby Lumpkin (“Lumpkin”) has replaced Collier as TDCJ’s Executive Director. In a separate order, pursuant to Federal Rule of Civil Procedure 25(d), the undersigned will direct the Clerk to substitute Lumpkin in place of Collier with respect to Plaintiff’s claims brought against Collier in his official capacity. Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 2 of 9
3 / 9 breathing due to the deployment of chemical agents by security officials that spreads to his cell. (D.E. 102, pp. 1-2; D.E. 105, pp. 1-2). Plaintiff claims that he was placed in administrative segregation, which is a more harmful and dangerous environment, in retaliation for his legal activities. (D.E. 102, p. 2). He adds that his placement in administrative segregation, or temporary/transient housing, was unnecessary because he was “not going anywhere or waiting to go anywhere.” (D.E. 105, p. 2). Plaintiff asks the Court to order Lumpkin to move Plaintiff immediately out of transient housing in administrative segregation and back into appropriate general housing population consistent with his classification and medical designation category. (D.E. 102, p. 4; D.E. 105, pp. 2-3). Alternatively, should he remain in transient housing in administrative segregation, Plaintiff asks the Court to order Lumpkin to: ● allow Plaintiff the same access to the inmate dining room, recreation yard, commissary, mailroom, and general population library that are given to other general population inmates; ● permit Plaintiff hourly in-and-out access to his cell between 0800-2000, including inclusive access to the showers whenever the G-2 inmate population are allowed; ● provide Plaintiff with general purpose sanitizing cleaner, mop, broom, and cleaning rag to clean and sanitize his cell; ● fumigate, spray, or treat Plaintiff’s transient housing cell for pests, such as ants, cockroaches, and rats; and ● refuse to place another inmate in Plaintiff’s cell until secure lockers with doors and padlocks are installed in his cell. Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 3 of 9
4 / 9 (D.E. 105, p. 3). Lumpkin responds that Plaintiff’s move to transient housing was part of a temporary solution to adjust to custody overflow within a custody housing level, such as G2 general population, at the McConnell Unit. (D.E. 107, p. 3). Next, Lumpkin asserts that Plaintiff’s requested relief is moot as he is no longer in transient housing after being moved back to G2-general population housing on November 20, 2025. Id. at 4-5. Third, according to Lumpkin, Plaintiff’s movement in transient housing in administrative segregation was restricted due to a lockdown which affected every inmate at the McConnell Unit and was not targeted to Plaintiff. Id. at 4. Lastly, Lumpkin states that Plaintiff has not used the grievance system to address his retaliation concerns and that Plaintiff has not provided specific reasons to support a retaliation claim. Id. at 4-5. II. DISCUSSION Plaintiff seeks relief in his motions that are in the nature of preliminary injunctive relief. See Shafer v. Muro, No. 2:20-CV-167, 2021 WL 2143614, at *1 (S.D. Tex. May 25, 2021) (Libby, M.J.), adopted, 2021 WL 4067258 (S.D. Tex. Sep. 7, 2021) (Morales, J.). Accordingly, the undersigned construes Plaintiff’s motions as seeking a preliminary injunction. A movant is entitled to a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) if he establishes the following four elements: “(1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury if the injunction is not issued, (3) that the threatened injury if the injunction is denied outweighs any harm that Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 4 of 9
5 / 9 will result if the injunction is granted, and (4) that the grant of an injunction will not disserve the public interest.” Robinson v. Hunt Cnty., Texas, 921 F.3d 440, 451 (5th Cir. 2019) (quoting Speaks v. Kruse, 445 F.3d 396, 399-400 (5th Cir. 2006)). The Fifth Circuit has cautioned that granting a preliminary injunction “is an extraordinary and drastic remedy, not to be granted routinely, but only when the movant, by a clear showing, carries the burden of persuasion.” White v. Carlucci, 862 F.2d 1209, 1211 (5th Cir. 1989) (quoting Holland Am. Ins. Co. v. Succession of Roy, 777 F.2d 992, 997 (5th Cir. 1985)); see also Sepulvado v. Jindal, 729 F.3d 413, 417 (5th Cir. 2013); Mississippi Power & Light Co. v. United Gas Pipe Line Co., 760 F.2d 618, 621 (5th Cir. 1985) (“The decision to grant a preliminary injunction is to be treated as the exception rather than the rule.”). As an initial matter, the undersigned will consider whether Plaintiff’s requested relief has been rendered moot. Reanna Arrisola, a “Supervisor III as the Chief of Classifications with TDCJ, has provided an affidavit in support of Lumpkin’s response. (D.E. 107-1). She states that, on November 20, 2025, Plaintiff “was moved back to General Population housing and will remain in general population for the remainder of the year so long as housing issues do not rise again.” (D.E. 107-1, p. 3). Because Plaintiff has received the relief he requests in his motions—transfer from transient housing in administrative segregation back into general housing population—his motions for preliminary injunctive relief have been rendered moot. See Thomas v. Holmes, No. 2:23-CV-00190, 2024 WL 5248424, at *4 (S.D. Tex. Nov. 22, 2024) (Neurock, M.J.), adopted, 2024 WL 5247155 (S.D. Tex. Dec. 30, 2024) (Morales, J.) (denying emergency Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 5 of 9
6 / 9 injunctive relief as moot because inmate received the relief requested when he was moved into a normal-sized cell in an air-conditioned environment); Garcia v. Alfonso, No. 23-cv- 3561, 2023 WL 9050934, at *2 (S.D. Ill. Dec. 29, 2023) (denying preliminary injunction motion as moot because plaintiff had received the relief he had requested in that motion); Bennett v. U.S. Marshal, No. 4:22-CV-00022, 2022 WL 2758542, at *2 (W.D. Ky. July 14, 2022) (same); Blackman v. Dist. of Columbia, 72 F. Supp. 3d 249, 251 (D.D.C. 2014) (denying preliminary injunction as moot “because [applicant] has already received his requested relief”). Even if Plaintiff’s transfer back into general population did not render his motions moot, he cannot carry his burden as to any of the four required elements for preliminary injunctive relief. Plaintiff’s claims in this lawsuit concern Plaintiff’s constitutional challenges to the TDCJ’s digital mail policy. None of his claims concern his recent placement in transient housing as alleged retaliation for engaging in this litigation. Plaintiff, therefore, is attempting to obtain a preliminary injunction based on claims that are wholly unrelated to his underlying complaint. See, e.g., Morris v. Aliu, No. 6:21cv440, 2023 WL 11821106, at *2 (E.D. Tex. May 31, 2023) (rejecting inmate’s motion for a temporary restraining order or preliminary injunction based on his placement in restrictive housing in retaliation for filing lawsuits because such actions were unrelated to the underlying claims of his lawsuit); Booker v. McDuffie, No. 5:18-CV-208-BQ, 2019 WL 3937225, at *2 (N.D. Tex. July 22, 2019) (“Although the Fifth Circuit Court of Appeals has not specifically addressed the issue, district courts within this circuit have found that a Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 6 of 9
7 / 9 request for a preliminary injunction must also be based on allegations related to the claims in the complaint.”). With regard to his claim of retaliation associated with his placement in transient housing, Plaintiff essentially seeks “to bring a new civil action masquerading as” motions seeking preliminary relief in this action. See Schwarzer v. Wainwright, No. 6:18-CV- 00034, 2022 WL 903744, at *4 (S.D. Tex. Feb. 18, 2022) (Neurock, M.J.), adopted, 2022 WL 902636 (S.D. Tex. Mar. 25, 2022) (Tipton, J.). Because there is no relationship between the injunctive relief requested in these motions and the underlying claims retained in this lawsuit, Plaintiff fails to demonstrate a likelihood of success on the merits.2 See id. (“The absence of this connective relationship is fatal to Plaintiff’s motion for injunctive relief, because “the issues giving rise to [the] injunction will not be addressed, let alone resolved, at trial.’”) (quoting Zhou v. Int’l Bus. Machines Corp., 167 F. Supp. 3d 1008, 1011 (N.D. Iowa 2016)). Furthermore, as Plaintiff has been moved from transient housing back into general population, he cannot demonstrate a substantial threat of irreparable harm based on the alleged dangerous and harmful conditions in his transient housing cell. Lastly, Plaintiff provides no arguments or evidence to demonstrate that any threatened injury to him outweighs any damage that the injunction might cause Lumpkin or that the injunction will not disserve the public interest. See Sepulvado, 729 F.3d at 417. 2 In any event, it does not appear that Plaintiff has attempted to exhaust his administrative remedies with regard to his new retaliation claims that are unrelated to the claims retained in this action. Plaintiff is free to try to exhaust his administrative remedies, if he has not done so, and file a new lawsuit if appropriate. Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 7 of 9
8 / 9 Accordingly, Plaintiff’s motions for a protective order, construed as motions for preliminary injunctive relief (D.E.’s 102 & 105) should be denied. III. RECOMMENDATION For the foregoing reasons, the undersigned respectfully recommends that Plaintiff’s motions for a protective order, construed as motions for preliminary injunctive relief (D.E.’s 102 & 105), be DENIED. Respectfully recommended on December 1, 2025. ____________________________ Julie K. Hampton United States Magistrate Judge Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 8 of 9
9 / 9 NOTICE TO PARTIES The Clerk will file this Memorandum and Recommendation and transmit a copy to each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy of the Memorandum and Recommendation, a party may file with the Clerk and serve on the United States Magistrate Judge and all parties, written objections, pursuant to Fed. R. Civ. P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States District Court for the Southern District of Texas. A party’s failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge’s report and recommendation within FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415 (5th Cir. 1996)(en banc). Case 2:23-cv-00269 Document 108 Filed 12/01/25 in TXSD Page 9 of 9
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.