Boyd v. Lasher, et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 : IT IS ORDERED that pla's is complaint hereby DISMISSED WITH PREJUDICE. Signed by Chief Judge Sarah S. Vance on 5/5/2010.(rll, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LOUIS WILBERT BOYD, JR. VERSUS KELLY LASHER ORDER Before the Court are Louis Wilbert Boyd, Jr.'s complaint (R. Doc. 1) and his objections (R. Doc. 9) to the Magistrate Judge's Report and Recommendation that the petition be dismissed with prejudice as frivolous (R. Doc. 8). The Court, having reviewed CIVIL ACTION NO: 09-7508 SECTION: R

de novo the petition, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the petitioner's objections thereto, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion. Boyd's objection consists of a simple declaration, without any supporting evidence or analysis, that his claims are legitimate and supported by the record. He makes no attempt to

identify how the record supports his claims, nor does he point out any flaws with the extensive analysis of the Magistrate Judge that reached the opposite conclusion. insufficient to save his claim. In addition to this objection, Boyd contends that he does not have access to an adequate law library and thus does not have meaningful access to the courts. Boyd brought this very claim This is plainly

before another judge of this Court, who rejected it because an access-to-justice claim requires a showing of prejudice and Boyd could not demonstrate prejudice because his underlying claim was legally frivolous.1 Boyd's claim that he lacks meaningful access

to the courts here is rejected for the same reason. Accordingly, Louis Wilbert Boyd Jr.'s complaint is hereby DISMISSED WITH PREJUDICE.

New Orleans, Louisiana, this

5th

day of May, 2010.

SARAH S. VANCE UNITED STATES DISTRICT JUDGE

Boyd v. Nowack, No. 09-7639, 2010 WL 892995, at *4 (Mar. 11, 2010) (Africk, J., adopting Magistrate Judge ruling); see also Chriceol v. Phillips, 169 F.3d 313, 317 (5th Cir. 1999) (access-to-justice claim requires actual injury).

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