Summary
finding that receipt and denial of an inmate's grievance by the warden's office did not establish personal involvement on the part of the warden in the alleged deprivation of the inmate's constitutional rights
Summary of this case from Rodriguez v. CainOpinion
No. 3:02-CV-455-L
May 29, 2002
ORDER
This is a civil rights complaint brought by a federal prisoner pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On May 13, 2002, the Findings, Conclusions, and Recommendation of the United States Magistrate Judge were filed, to which there were no objections.
After an independent review of the pleadings, the record, the findings and conclusions of the magistrate judge, and the applicable law, the court concludes that the findings and conclusions are correct. The court hereby accepts the findings and conclusions of the magistrate judge as those of the court. Accordingly, for the reasons stated in the magistrate judge's report, Plaintiff's claims against Sam L. Pratt are dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and 1915(b)(1).
It is further ordered that the Clerk will issue summons for Correctional Officer Williams and Dr. J. Capps at FCI Seagoville, P.O. Box 9000, Seagoville, Texas, 74159, and deliver the same to the U.S. Marshall for service of process pursuant to Fed.R.Civ.P. 4, along with a copy of the complaint, Plaintiff's answers to the magistrate judge's questionnaire, and the magistrate's report.