Opinion
CASE NO. CV413-025
07-07-2014
DWAYNE STOVALL, Plaintiff, v. ADMINISTRATOR DUNCAN, MRS. PITTMAN, and CHARLES WOODALL, Defendants.
ORDER
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 40), to which objections have been filed (Doc. 44). After a careful de novo review of the record, the Court finds Plaintiff's objections to be without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case and Defendants' Motion for Summary Judgment (Doc. 28) is GRANTED. As a result, Plaintiff's complaint is DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to close this case.
In his objections, Plaintiff fails to offer any argument that Defendants' alleged decision to withhold his CD-ROM disks and copies of Smooth magazine was not rationally related to a legitimate penological interest. See Turner v. Safley, 482 U.S. 78, 88 (1987). Moreover, even assuming that Defendants' actions violated Plaintiff's First Amendment rights, Plaintiff has not shown that such a right was clearly established at the time of the alleged violations. See Stauffer v. Gearhart, 741 F.3d 574, 584-87 (5th Cir. 2014). Accordingly, Defendants would be entitled to qualified immunity with respect to Plaintiff's claims. See Pearson v. Callahan, 555 U.S. 223, 232 (2009). In any event, the Court agrees with the Magistrate Judge that Defendants' are entitled to summary judgment and Plaintiff's complaint must be dismissed.
__________
WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA