Cawthon v. Hemingway, et al. (INMATE 3)

Filing 92

OPINION AND ORDER directing as follows: (1) the 90 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) plf's 87 Motion for Writ of Mandamus is denied; further ORDERING that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 8/22/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

DAVID A. CAWTHON,

)
)
Plaintiff,
)
)
v.
)
)
MELISSA HEMINGWAY, et al., )
sued in their
)
individual and official
)
capacities,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv429-MHT
(WO)

OPINION AND ORDER
The plaintiff, a federal prisoner, filed this case
under

the

Administrative

Procedures

Act,

5

U.S.C.

§§ 551-559, and Bivens v. Six Unknown Federal Narcotics
Agents, 403 U.S. 388 (1971), challenging the adequacy
of the Montgomery Federal Prison Camp’s law library,
and

specifically

Hemingway
treatise

to
series

the

decision

discard

the

and

to

take

of

defendant

American
away

Melissa

Jurisprudence

certain

electronic

typewriters with memory and replace them with simple

manual ones.

This case is before the court on the

recommendation of the United States Magistrate Judge
that plaintiff’s “motion for a writ of mandamus” be
denied.

There are no objections to the recommendation.

Upon an independent and de novo review of the record,
it is ORDERED as follows:
(1) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 90) is adopted.
(2) Plaintiff’s

“motion

for

a

writ

of

mandamus”

(doc. no. 87) is denied.
It is further ORDERED that this case is referred
back to the magistrate judge for further proceedings.
DONE, this the 22nd day of August, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE