Williams v. Fulton State Hospital et al

Filing 51

ORDER adopting Report and Recommendations re 40 and granting 9 motion to dismiss case. Signed by District Judge Nanette K. Laughrey on 8/21/09. (Bax, Laura)

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IN THE T]NITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIYISION SAMUEL H. WILLIAMS. Plaintiff. v. MAUSEEN SAUBLE, Defendant. ORDER On June 23,2009, United StatesMagistrate JudgeWilliam A. Knox recommended dismissing plaintiffs remaining claims. The parties were advisedthey could file written exceptionsto the recoilrmendation,pursuantto 28 U.S.C. $ 636(b)(lXC). The court has conducteda de novo review of the record, including the exceptionsfiled by plaintiff on August 7, 2009. The issues raised in plaintifP s exceptions were adequately addressedin the report and recommendation. Plaintiff s mail from the court that was opened outside of his presenceappearsto have been an isolated event or events. Further, mail from the court would have beenpublic documents,and plaintiffhas not identified a casein which he was actually prejudiced. A generalrecital that his caseswere closed becauseof defendants'actions is insufficient to statea claim, absentfacts showing it is plausible the caseswere closed becauseof mail being opened or that defendant Sauble intentionally withheld documents which required a timely response. The court is persuadedthat the recommendation of the Magistrate Judge is correct and should be adopted. IT IS, THEREFORE, ORDERED thatthe June 23,2009 Report and Recommendationis adopted. [40 ] It is turther N o . 08-4218-CV-C-NKL ORDEREDthat defendant's motionof November25,2008,is granted plaintiff s and claimsaredismissed failureto statea claim. [9] for NANETTE K. LAUGHREY United States District Judse D a t e<d: 2 l,- O1 Jefferson City, Missouri 2

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