Summary
finding that reading a prisoner's “legal papers” was de minimis because “no discipline was imposed or sought” the plaintiff did not suffer “an adverse change to his conditions of custody” and the seizure did not prejudice the plaintiff
Summary of this case from Deramus v. Claiborne Par. Det. Ctr.Opinion
NO. 4:06CV206-MPM-JAD, NO. 4:07CV092-MPM-JAD.
August 3, 2009
CONSOLIDATED WITH
ORDER ADOPTING REPORT AND RECOMMENDATION
The Plaintiff, an inmate, brings this complaint pro se pursuant to 42 U.S.C. § 1983. The Magistrate Judge has submitted a Report dated June 26, 2009, recommending the dismissal of civil action 4:07CV092 against Defendants Michael Dave, Brenda Brown, Doe Coleman and Debra Pannel.
The Report was on that date duly served by mail upon the Plaintiff and Defendants at their last known addresses; that more than ten days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been served or filed by any party. The court is of the opinion that the Magistrate Judge's Report and Recommendation should be approved and adopted as the opinion of the court.
THEREFORE, it is hereby ORDERED that
(1) the Report and Recommendation (docket entry 50) is APPROVED and ADOPTED as the opinion of this court;
(2) Defendants Michael Dave, Brenda Brown, Doe Coleman and Debra Pannel are DISMISSED WITH PREJUDICE; and
(3) Plaintiff may proceed with his claim against the remaining Defendants.
SO ORDERED.