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Bruscino v. Pugh

United States District Court, D. Colorado
Apr 11, 2006
Civil Case No. 02-cv-02362-LTB-PAC (D. Colo. Apr. 11, 2006)

Summary

applying Turner to a prisoner's outgoing mail intended for remailing to other inmates, and stating it is not clear whether Martinez standard applies where outgoing mail was an attempt to avoid prohibition against inmate-to-inmate correspondence

Summary of this case from Diamond v. Gray

Opinion

Civil Case No. 02-cv-02362-LTB-PAC.

April 11, 2006


ORDER


This case is before me on the recommendation of the Magistrate Judge that Defendants' Fed.R.Civ.P. 12(b)(1) Motion to Dismiss Plaintiff's Federal Tort Claims Act claim and Defendants' Fed.R.Civ.P. 56 Motion for Summary Judgment on Plaintiff's First Amendment Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 402 U.S. 388 (1971) claims be granted and that Plaintiff's Motion to Submit Additional Information and Evidence to the Court be denied. The Plaintiff has filed timely written objections to the Magistrate Judge's recommendations. I have therefore reviewed the Magistrate Judge's recommendations de novo in light of Plaintiff's objections and the file and record in this action. All of Plaintiff's claims in this action except those now addressed by the Magistrate Judge in her recommendation have previously been dismissed. On de novo review of the Magistrate Judge's thorough and comprehensive analysis, I conclude that her recommendations are correct.

Accordingly

IT IS ORDERED that the Defendants' Motion for Summary Judgment and Dismissal, filed June 15, 2005, is GRANTED.

IT IS FURTHER ORDERED that Plaintiff's Motion to Submit Additional Information and Evidence to the Court, filed January 9, 2006, is DENIED.

IT IS FURTHER ORDERED that the above action is DISMISSED.


Summaries of

Bruscino v. Pugh

United States District Court, D. Colorado
Apr 11, 2006
Civil Case No. 02-cv-02362-LTB-PAC (D. Colo. Apr. 11, 2006)

applying Turner to a prisoner's outgoing mail intended for remailing to other inmates, and stating it is not clear whether Martinez standard applies where outgoing mail was an attempt to avoid prohibition against inmate-to-inmate correspondence

Summary of this case from Diamond v. Gray
Case details for

Bruscino v. Pugh

Case Details

Full title:RONNIE BRUSCINO, Plaintiff, v. MICHAEL V. PUGH, et al Defendants

Court:United States District Court, D. Colorado

Date published: Apr 11, 2006

Citations

Civil Case No. 02-cv-02362-LTB-PAC (D. Colo. Apr. 11, 2006)

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