Opinion
No. CIV S-06-2260 GEB KJM P.
April 5, 2007
ORDER
Plaintiff is a state prison inmate proceeding pro se with a civil rights action under 42 U.S.C. § 1983. On March 7, 2007, this court found service appropriate for defendants Turner, Sims, Salter and Kennedy, but not for defendant Johnson.
On March 23, 2007, plaintiff filed a motion for an order directing service on defendant Johnson. In the complaint, plaintiff alleged that defendant Johnson filed a falsified rules violation report; that the incident was referred for possible felony prosecution, but that the District Attorney's Office declined to prosecute; and that plaintiff was found not guilty of the rules violation. Complaint at 4-7. Because the allegedly false information was not relied upon to a constitutionally significant degree, the court found that the complaint did not state a claim against defendant Johnson. Paine v. Baker, 595 F.2d 197, 201 (4th Cir. 1979).
Accordingly, IT IS HEREBY ORDERED that plaintiff's March 23, 2007 motion for an order directing service on defendant Johnson is denied.