Wheeler v. Broward County Sheriff's Office
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).
United States District Court
Southern District of Florida
Keith R. Wheeler, Petitioner,
Broward Sheriff’s Office,
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
Done and Ordered at Miami, Florida, on April 28, 2017.
Robert N. Scola, Jr.
United States District Judge
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