Summary
dismissing as frivolous a claim that plaintiff was denied access to the courts because he could not buy postage stamps, paper, envelopes, and pens noting as follows: “[w]hile plaintiff alleges the was denied postage, envelopes, paper and pens, it is clear that he, in fact, did have access to writing materials, as well as stamps, needed to compose and mail both his original and amended complaint. As such, his claims that he is being denied access to the court because he is being denied paper, pen, envelopes and postage stamps, must fail.”
Summary of this case from Gilliam v. Unknown BordelonOpinion
CIVIL ACTION NO. 3:17-CV-448 SECTION P
12-04-2017
MICHAEL W. LOWE v. CHAD LEE, ET AL
MAGISTRATE JUDGE HAYES
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, determining that the findings are correct under the applicable law, and noting the absence of objections to the Report and Recommendation in the record;
IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff's civil rights action is DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim for which relief may be granted pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).
MONROE, LOUISIANA, this 4th day of December, 2017.
/s/ _________
ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE