Chestang v. Allen et al

Filing 14

ORDER adopting 8 Recommendation as modified and overrules most of Chestang's objections. Chestang's 5 Motion for service is denied. His complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a "strike" for purposes of 28U.S.C.§1915(g). An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 12/14/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

KeONDRA M. CHESTANG
ADC#134005

v.

PLAINTIFF

No. 5:16-cv-224-DPM

V. ALLEN, Mailroom, Varner Unit; BROWN,
Sergeant, Varner Unit; ANDREWS, Assistant
Warden of Treatment, Varner Unit; JAMES
PLUMMER, Varner Unit; BARBARA SMALLWOOD,
Business ManagerjMailroom Supervisor Aide,
Varner Unit; DUNCAN, Sergeant, Varner Unit;
and WRIGHT, Wrightsville Unit

DEFENDANTS

ORDER
1. On de nova review, the Court adopts the recommendation, NQ 8, as
modified and overrules most of Chestang' s objections, NQ 11-12. FED. R. CN.
P. 72(b)(3).
2. The modifications: First, inadvertent opening of a prisoner's legal
mail may sometimes support a§ 1983 claim. Compare NQ 8 at 5-6 with Beaulieu
v. Ludeman, 690 F.3d 1017, 1037 (8th Cir. 2012). But the Magistrate Judge's

conclusion holds because Chestang hasn't alleged any prejudice from the
inadvertent opening of his mail. Ibid.

Second, Chestang believes he's stated a solid Eighth Amendment claim.
NQ 11at3 & NQ 6-1at7. He hasn't. The facts in his complaint don't rise to the
level of cruel and unusual punishment. Phillips v. Norris, 320 F.3d 844, 848
(8th Cir. 2003).
3. Chestang' s motion for service, NQ 5, is denied. His complaint will be
dismissed without prejudice for failure to state a claim. This dismissal counts
as a "strike" for purposes of 28U.S.C.§1915(g). An in forma pauperis appeal
from this Order and accompanying Judgment would not be taken in good
faith. 28 U.S.C. § 1915(a)(3).
So Ordered.
,ii

D.P. Marshall Jr'.
United State District Judge

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