Cawthon v. Hemingway, et al. (INMATE 3), No. 2:2015cv00429 - Document 92 (M.D. Ala. 2017)

Court Description: OPINION AND ORDER directing as follows: (1) the 90 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) plf's 87 Motion for Writ of Mandamus is denied; further ORDERING that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 8/22/17. (Attachments: # 1 civil appeals checklist)(djy, )
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Cawthon v. Hemingway, et al. (INMATE 3) Doc. 92 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION DAVID A. CAWTHON, ) ) Plaintiff, ) ) v. ) ) MELISSA HEMINGWAY, et al., ) sued in their ) individual and official ) capacities, ) ) Defendants. ) CIVIL ACTION NO. 2:15cv429-MHT (WO) OPINION AND ORDER The plaintiff, a federal prisoner, filed this case under the Administrative Procedures Act, 5 U.S.C. §§ 551-559, and Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), challenging the adequacy of the Montgomery Federal Prison Camp’s law library, and specifically Hemingway treatise to series the decision discard the and to take of defendant American away Melissa Jurisprudence certain electronic typewriters with memory and replace them with simple Dockets.Justia.com manual ones. This case is before the court on the recommendation of the United States Magistrate Judge that plaintiff’s “motion for a writ of mandamus” be denied. There are no objections to the recommendation. Upon an independent and de novo review of the record, it is ORDERED as follows: (1) The recommendation of the United States Magistrate Judge (doc. no. 90) is adopted. (2) Plaintiff’s “motion for a writ of mandamus” (doc. no. 87) is denied. It is further ORDERED that this case is referred back to the magistrate judge for further proceedings. DONE, this the 22nd day of August, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE