Weller v. Ferriter et al
Order denying as moot 9 Motion to Make the DOC grant Weller the proper amount of photocopies and FINDINGS AND RECOMMENDATIONS re 7 Amended Complaint. Recommendation: This matter should be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. Objections to F&R due by 7/13/2009. Signed by Magistrate Carolyn S Ostby on 6/25/2009. Copy mailed to Weller. (ASG, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION SHAWN HOWARD WELLER, Plaintiff, vs. MONTANA STATE DEPT. OF CORRECTIONS, et. al., Defendants. Pending is Plaintiff Shawn Howard Weller's civil rights Complaint (Court's Doc. No. 2) and his Motion for Photocopies. (Court's Doc. No. 9). On April 20, 2009, this Court issued an Order finding Weller had failed to state a claim upon which relief could be granted but permitted Weller an opportunity to file an Amended Complaint. (Court's Doc. No. 5). On May 11, 2009, Weller filed an Amended ORDER AND FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TO DISMISS COMPLAINT Cause No. CV 09-00037-BLG-RFC-CSO
ORDER AND FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TO DISMISS COMPLAINT CV-09-00037-BLG-RFC-CSO / PAGE 1
Complaint (Court's Doc. No. 7). On May 18, 2009, he filed a Supplement to the Amended Complaint (Court's Doc. No. 8). For reasons explained below, Weller has still failed to state a claim upon which relief may be granted. Therefore, his case will be recommended for dismissal and his motion for photocopies denied as moot. As set forth in the Court's prescreening Order, prisoners have a constitutional right of access to the courts. See Lewis v. Casey, 518 U.S. 343, 346 (1996); Bounds v. Smith, 430 U.S. 817, 821 (1977). But in order to establish a violation of the right of access to the courts, a prisoner must demonstrate they suffered an actual injury, a jurisdictional requirement that flows from the standing doctrine and may not be waived. See Lewis, 518 U.S. at 349. An "actual injury" is an "
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