Walker v. Grimes

Filing 29

RULING and Order Adopting the 25 Report and Recommendation of the U.S. Magistrate Judge. Defendant's 16 Motion for Summary Judgment is GRANTED, and Plaintiff's claims against Defendants are DISMISSED. The 15 Motion to Dismiss is DENIED AS MOOT. Signed by Chief Judge Brian A. Jackson on 2/17/2017. (LLH)

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Having carefully considered the underlying Complaint, the instant motions, a nd related filings, the Court approves the Magistrate Judge's Repor t a nd Recomme ndation, a nd hereby a dopts t he findings of fact, conclusions of law, a nd recommendation. Accordingly, IT IS ORDERED t hat the Magistrate Judge's Report and Recommendation (Doc. 25) is ADOPTED as the Court's opinion herein. IT IS FURTHER ORDERED that Defe nda nts' Motion for Summary Judgment (Doc. 16) is GRANTED. IT IS FURTHER ORDERED that Plaintiffs claims against Defenda n t a re DISMISSED. claim be dismissed for Plaintiff's failure to plead facts that demonstrate a constitutional injury is attributable to the fact that the Plaintiff is a prose litigant who was not appointed an attorney, and therefore, the Court should not dismiss the case on this procedural basis. Regarding the first objection, it is well within the Magistrate Judge's authority to submit a report and recommendation that addresses the claims, as long as that report and recommendation is subject to the District Court's review. See 28 U.S.C. ยง 636 ( 1948). lfthe report and recommendation is adopted, it is the District Judge who ultimately adjudicates the underlying claims and defenses, not the Magistrate Judge. As to the second objection, while it is true that prose litigants are often treated more favorably than represented parties, the prose litigant must still demonstrate facts that would entitle him to the requested relief, even if that prose litigant fails to state exactly the type ofreliefhe is entitled to. See Castro v. United States, 540 U.S. 375, 381 -382 (2003). Here, Plaintiff failed to otTer any facts that would entitle him to any forms of relief. Accordingly, PlaintifT's objections are overruled. 2

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