Gibson v. Jeffcoat et al, No. 1:2008cv00012 - Document 59 (E.D. Tex. 2009)
Court Description: MEMORANDUM OPINION and ORDER denying 27 Motion for Injunctive Relief. Signed by Judge Ron Clark on 8/31/09. (tkd, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION KIRK D. GIBSON § VS. § DAVID L. JEFFCOAT, ET AL. § CIVIL ACTION NO. 1:08-CV-12 MEMORANDUM OPINION AND ORDER Plaintiff Kirk D. Gibson, an inmate previously confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se and in forma pauperis, filed this action pursuant to 42 U.S.C. § 1983 against employees of the Stiles Unit. Plaintiff has filed a motion for injunctive relief requesting a transfer to another prison unit. Analysis A party seeking a temporary restraining order or preliminary injunction must establish the following elements: (1) there is a substantial likelihood the party will prevail on the merits; (2) a substantial threat exists that irreparable harm will result if the injunction is not granted; (3) the threatened injury outweighs the threatened harm to the defendants; and (4) the granting of the preliminary injunction will not disserve the public interest. Karaha Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara; 335 F.3d 357, 363 (5th Cir. 2003); Lakedreams v. Taylor, 932 F.2d 1103, 1107 (5th Cir. 1991); Clark v. Prichard, 812 F.2d 991, 993 (5th Cir. 1987); Canal Authority of the State of Florida v. Callaway, 489 F.2d 567, 572 (5th Cir. 1974). Relief should be granted only if the party seeking relief has clearly carried the burden of persuasion as to all four elements. Karaha Bodas Co., 335 F.3d at 363; Black Fire Fighters Association v. City of Dallas, 905 F.2d 63, 64 (5th Cir. 1990); Mississippi Power & Light v. United Gas Pipe Line, 760 F.2d 618, 621 (5th Cir. 1985). Plaintiff requests a transfer from the Stiles Unit. However, he is no longer confined at that facility. Plaintiff s transfer to a different prison unit has rendered his claims for injunctive relief moot. Cooper v. Sheriff, Lubbock County, Texas, 929 F.2d 1078, 1084 (5th Cir. 1991). ORDER In accordance with the foregoing, plaintiff s motion for injunctive relief (document no. 27) is DENIED. So ORDERED and SIGNED this 31 day of August, 2009. ___________________________________ Ron Clark, United States District Judge 2
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