Desmith v. Steinman, et al

Filing 13

JUDGMENT ADOPTING REPORT AND RECOMMENDATION 6 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION J A S O N DESMITH, P l a in tif f , v. UNKNOWN STEINMAN et al., D e f e n d a n ts . _________________________________/ J U D G M E N T ADOPTING REPORT AND RECOMMENDATION T h is is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. The matter w as referred to the Magistrate Judge for screening, pursuant to 28 U.S.C. §§ 1915(e)(2), 1 9 1 5 A and 42 U.S.C. § 1997e(c). The Magistrate Judge issued a Report and F I L E NO. 2:08-CV-119 H O N . ROBERT HOLMES BELL

R e c o m m e n d a tio n ("R&R") that this Court dismiss the action for failure to state a claim (d o c k e t #6). The matter presently is before the Court on Plaintiff's objections to the R&R (d o c k e t #7). This Court reviews de novo those portions of an R&R to which objections are made. 2 8 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court may accept, reject or modify any or a ll of the Magistrate Judge's findings or recommendations. Id. In his objections, Plaintiff argues that the Magistrate Judge erred in concluding that P e titio n e r's due process claim was barred by the doctrine of Sandin v. Connor, 515 U.S. 472 (1 9 9 5 ). The Court has reviewed the R&R and finds no error in the reasoning of the M a g is tra te Judge. Accordingly,

I T IS ORDERED that Plaintiff's objections (docket #7) to the Report and R ecom m end atio n of the Magistrate Judge are DENIED and the Report and Recommendation is ADOPTED in its entirety as the opinion of this Court. I T IS FURTHER ORDERED that Plaintiff's complaint is dismissed for failure to state a claim, pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A and 42 U.S.C. § 1997e(c). I T IS FURTHER ORDERED that the Court finds no good-faith basis for appeal w ith in the meaning of 28 U.S.C. § 1915(a)(3).

Dated: June 18, 2009

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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