Summary
finding that an officer's action in spitting at a prisoner, while perhaps sufficient to support a state law tort claim, was not sufficient to state a constitutional claim under § 1983
Summary of this case from Jelks v. CainOpinion
1:09CV00009 BSM.
June 9, 2009
ORDER
The court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young and plaintiff's objections. After carefully considering plaintiff's objections and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects.
IT IS THEREFORE ORDERED that:
1. Plaintiff's request for injunctive relief is DENIED;
2. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted;
3. All pending motions are DENIED as moot.