Wheeler v. Broward County Sheriff's Office

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations re 7 Report and Recommendations. Certificate of Appealability: No Ruling Closing Case. Motions terminated: 7 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re [ 1] Complaint 42 USC 1983 or Bivens filed by Keith Richard Wheeler Recommending that the complaint (DE#1) be dismissed pursuant to 28 U.S.C. §1915(e)(2)(b)(ii), for failure to state a claim. Signed by Judge Robert N. Scola, Jr on 4/28/2017. (yha) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. Modified to convert to opinion on 4/28/2017 (yha).

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United States District Court for the Southern District of Florida Keith R. Wheeler, Petitioner, v. Broward Sheriff’s Office, Respondent. ) ) ) Case No. 17-60523-Civ-Scola ) ) ) Order Adopting Magistrate Judge’s Report And Recommendation This case was referred to United States Magistrate Judge Patrick A. White, consistent with Administrative Order 2003-19 of this Court, for a ruling on all pre-trial, nondispositive matters and for a Report and Recommendation on any dispositive matters. On March 23, 2017, Judge White issued a Report, recommending that Petitioner Keith R. Wheeler’s 42 U.S.C. § 1983 lawsuit, complaining about his access to the law library in prison, be dismissed. (Report of Magistrate, ECF No. 7.) Wheeler has not filed any objections to the report and the time to do so has passed. The Court has considered Judge White’s report, the record, and the relevant legal authorities. As Judge White points out, in order to properly state a claim for deprivation of access to the prison law library, a defendant must show an actual injury in the pursuit of certain types of nonfrivolous cases. Since Wheeler has not alleged that he has been hindered in any way from pursuing this civil rights claim or any other civil or criminal case, he fails to state a claim for denial of access to the courts. The Court finds Judge White’s report and recommendation cogent and compelling. The Court affirms and adopts Judge White’s report and recommendation (ECF No. 7). The Court thus dismisses Wheeler complaint with prejudice. This dismissal is without leave to amend because, as found by Judge White, based on the allegations set forth in the complaint, any amendment would be futile. Finally, the Court directs the Clerk to close this case. Done and Ordered at Miami, Florida, on April 28, 2017. ___________________________________ Robert N. Scola, Jr. United States District Judge

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