Unpublished Dispositionjames Robert Coggins, Plaintiff-appellant, v. al C. Parke; Tony Williams, Defendants-appellees, 849 F.2d 1472 (6th Cir. 1988)

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U.S. Court of Appeals for the Sixth Circuit - 849 F.2d 1472 (6th Cir. 1988) June 16, 1988

Before LIVELY and NATHANIEL R. JONES, Circuit Judges and JOHN W. PECK, Senior Circuit Judge.


ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the plaintiff's brief, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

The plaintiff is a Kentucky state prisoner presently confined in Washington under the Interstate Corrections Compact. He filed an action under 42 U.S.C. § 1983 for monetary damages against the warden and associate warden of the Kentucky State Reformatory. In his complaint, the plaintiff alleged the defendants denied him access to the courts in violation of the first amendment and deprived him of his property in violation of the fourteenth amendment.

The plaintiff has no meritorious claim for denial of access to the courts given the fact that he was represented by counsel in the underlying civil rights action. He has abandoned his fourteenth amendment claim on appeal.

Upon review, we conclude the district court properly dismissed plaintiff's suit for the reasons stated by it. We therefore affirm the judgment of the district court pursuant to Rule 9(b) (5), Rules of the Sixth Circuit.

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