Hernandez v. Lumpkin ( 2021 )


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  • Case: 20-10013     Document: 00515905754          Page: 1    Date Filed: 06/18/2021
    United States Court of Appeals
    for the Fifth Circuit                              United States Court of Appeals
    Fifth Circuit
    FILED
    June 18, 2021
    No. 20-10013
    Lyle W. Cayce
    Clerk
    Edgar Hernandez,
    Plaintiff—Appellant,
    versus
    Bobby Lumpkin, Director, Texas Department of Criminal Justice,
    Correctional Institutions Division; Garth Parker, Warden;
    John Lopez, Assistant Warden; Ricky Villanueva, Captain,
    Disciplinary Hearing Officer,
    Defendants—Appellees.
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 1:19-CV-239
    Before Jones, Southwick, and Costa, Circuit Judges.
    Per Curiam:*
    Edgar Hernandez, Texas prisoner # 02109665, proceeding pro se and
    in forma pauperis, filed the present lawsuit under 
    42 U.S.C. § 1983
     and the
    Religious Land Use and Institutionalized Persons Act, alleging that prison
    *
    Pursuant to 5th Circuit Rule 47.5, the court has determined that this
    opinion should not be published and is not precedent except under the limited
    circumstances set forth in 5th Circuit Rule 47.5.4.
    Case: 20-10013      Document: 00515905754          Page: 2    Date Filed: 06/18/2021
    No. 20-10013
    officials and employees of the Texas Department of Criminal Justice (TDCJ)
    had interfered with his Native American religious practice by subjecting him
    to multiple disciplinary actions for refusing to cut his hair in accordance with
    TDCJ grooming policies, even though his religious beliefs forbid him from
    cutting his hair. He also asserts, however, that he has not actually been forced
    to cut his hair. Hernandez sought a variety of relief, including preliminary
    injunctive relief “to freely continue [his religious] practice without any
    further punishment.”
    The district court denied Hernandez’s request for a preliminary
    injunction without holding a Spears hearing or requesting a response from the
    TDCJ defendants. The court determined that Hernandez was not entitled
    to injunctive relief because he had failed to meet his burden of proof with
    respect to each of the four required elements. See Byrum v. Landreth,
    
    566 F.3d 442
    , 445 (5th Cir. 2009). Hernandez filed a timely notice of appeal
    from the district court’s interlocutory order denying his request for a
    preliminary injunction.
    Under 
    28 U.S.C. § 1292
    (a)(1), this court has jurisdiction to review the
    district court’s denial of Hernandez’s motion for a preliminary injunction,
    which is immediately appealable. See Byrum, 
    566 F.3d at 444
    . The denial of
    a preliminary injunction is reviewed for an abuse of discretion and will be
    reversed “only under extraordinary circumstances.” White v. Carlucci,
    
    862 F.2d 1209
    , 1211 (5th Cir. 1989).            The district court’s factual
    determinations are analyzed for clear error, and its legal conclusions are
    considered de novo. Byrum, 
    566 F.3d at 444
    .
    A district court must make “sufficient findings of fact to support each
    element of the [preliminary injunction] analysis and apply[] the correct legal
    standard to those facts.” Daniels Health Scis., L.L.C. v. Vascular Health Scis.,
    L.L.C., 
    710 F.3d 579
    , 586 (5th Cir. 2013). Here, the court’s entire discussion
    2
    Case: 20-10013      Document: 00515905754            Page: 3    Date Filed: 06/18/2021
    No. 20-10013
    of the first element consisted of a single conclusory sentence: “[Hernandez]
    has not shown a substantial likelihood of success on the merits.” The district
    court did not, for example, analyze the RLUIPA claim under the burden-
    shifting framework the case law sets forth. See, e.g., Ali v. Stephens, 
    822 F.3d 776
    , 782 (5th Cir. 2016). Although the grant or denial of a preliminary
    injunction rests in the discretion of the district court, the court “does not
    exercise unbridled discretion.” Canal Auth. of Fla. v. Callaway, 
    489 F.2d 567
    , 572 (5th Cir. 1974); see also Winter v. Nat. Res. Def. Council, Inc., 
    555 U.S. 7
    , 26 (2008) (finding abuse of discretion where district court addressed
    preliminary injunction considerations “in only a cursory fashion”).
    The district court addressed the remaining preliminary injunction
    elements in the same conclusory fashion. Where a district court fails to make
    sufficient findings of fact to support each element of the preliminary
    injunction analysis, “the proper solution is to remand so that such findings
    and conclusions may be entered, to give [this court] a basis for review. White,
    
    862 F.2d at
    1210 n.1.
    For the foregoing reasons, we VACATE the district court’s order
    denying Hernandez’s motion for a preliminary injunction and REMAND
    for further development of the record, followed by reconsideration whether
    Hernandez has established the required elements for a preliminary
    injunction.
    3