Summary
holding that funds are exempt pursuant to 38 U.S.C. § 5301 only if the check from the Veteran's Administration is deposited directly into an inmate account; once otherwise protected funds are deposited elsewhere, or otherwise cashed, the funds become unidentifiable and lose their protected status
Summary of this case from Myers v. SteubeOpinion
Case No. 3:05cv25/RV/EMT.
June 30, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated June 5, 2006. Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made ade novo determination of all timely filed objections.
Having considered the report and recommendation, and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's claims under the Fourteenth Amendment are DISMISSED without prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
3. Defendants' motion for summary judgment (Doc. 54) is GRANTED as to Plaintiff's claims of violations of 38 U.S.C. § 5301.
4. The clerk is directed to enter judgment accordingly and close the file.
DONE AND ORDERED.