Sermeno v. Allbaugh et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 05/24/18. (wh)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LARRY A. SERMENO,
Plaintiff,
vs.
JOE M. ALLBAUGH, et al.,
Defendants.

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No. CIV-16-1196-C

ORDER ADOPTING REPORT AND RECOMMENDATION
This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Shon T. Erwin, consistent with the provisions of 28 U.S.C.
§ 636(b)(1)(B). Judge Erwin entered a Report and Recommendation on April 26, 2018,
to which Plaintiff has timely objected. The Court therefore considers the matter de novo.
Plaintiff’s argument that the Full Faith & Credit Clause of the United States
Constitution, U.S. Const. art. IV, § 1, requires Oklahoma to follow California policy
regarding inmate correspondence misperceives the purpose and scope of that Clause. It
simply does not apply to prison rules and policies. See Day v. Norris, 219 F. App’x 608
(8th Cir. 2007). Beyond that, Plaintiff merely restates the conclusions and legal arguments
originally asserted, and raises no issue not fully and accurately addressed and rejected by
the Magistrate Judge.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of
the Magistrate Judge, and for the reasons announced therein, Plaintiff’s First Amendment
access to courts claim is dismissed, without prejudice; judgment will enter on Plaintiff’s

Equal Protection claim; and judgment will enter on Defendants’ claim of qualified
immunity on Plaintiff’s First Amendment challenge to Oklahoma Department of
Corrections’ policy.
IT IS SO ORDERED this 24th day of May, 2018.

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