Summary
concluding that inmate's allegation that he was in placed in disciplinary confinement for 54 days failed to show the deprivation of a protected liberty interest
Summary of this case from Lewis v. TaylorOpinion
CASE NO. 4:14cv454-RH/GRJ
08-05-2015
PERCIVAL C. FERRIS, Plaintiff, v. JULIE JONES, Defendant.
ORDER OF DISMISSAL
This case is before the court on the magistrate judge's report and recommendation, ECF No. 30. No objections have been filed.
The report and recommendation is correct. This order adopts the report and recommendation as the court's opinion except on the plaintiff's conspiracy claim. The conspiracy claim fails because, as set out in the remainder of the report and recommendation, the plaintiff has failed to allege any actionable violation of his rights. People who act together to do nothing wrong cannot be held liable for conspiracy. This makes it unnecessary to address the additional grounds noted in the report and recommendation for rejecting the conspiracy claim. Even if the complaint adequately alleged an agreement, and even if the intracorporate conspiracy doctrine does not apply to a conspiracy among correctional officers to violate an inmate's rights, this complaint still would fail to state a conspiracy claim on which relief can be granted.
For these reasons,
IT IS ORDERED:
The report and recommendation is ACCEPTED. The defendant's motion to dismiss, ECF No. 18, is GRANTED. The clerk must enter judgment stating, "The complaint is dismissed with prejudice." The clerk must close the file.
SO ORDERED on August 5, 2015.
s/ Robert L. Hinkle
United States District Judge