Summary
granting motion to dismiss, noting that "when an inmate alleges his access to the courts was denied because he was denied access to the prison library or certain books, he fails to state a claim for relief absent any showing of prejudice to his litigation"
Summary of this case from Malenda v. GrayOpinion
Case No. 1:09cv878.
April 6, 2011
ORDER
This matter is before the Court on the Report and Recommendation ("Report") filed by Magistrate Judge Karen L. Litkovitz on March 16, 2011 (Doc. 44). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report in a timely manner. See United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). No objection to the Report has been filed.
A notice was attached to the Report regarding objections. (Doc. 44, 15.)
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, this Court finds the Report to be correct. Accordingly, it is ORDERED that the Report is hereby ADOPTED. As the Report recommended (Doc. 44, 14), Defendant's motion for judgment on the pleadings (Doc. 34) is GRANTED.
IT IS SO ORDERED.