Coe v. Zook et al, No. 1:2018cv00714 - Document 27 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION and ORDER. Defendant's motion to dismiss re 18 is GRANTED and plaintiff's complaint be and is DISMISSED. Signed by District Judge Anthony J Trenga on 1/31/2020. (lcre, )(c/s)
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Coe v. Zook et al Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Andre Jamar Coe, Plaintiff, ) ) ) V. ) David Zook,et Defendants. ) ) ) l:18cv714(AJT/IDD) MEMORANDUM OPINION & ORDER Virginia inmate Andre Coe initiated this pro se civil rights action pursuant to 42 U.S.C. ยง 1983. Broadly, he alleges that defendants David Zook("Zook"), S. Isaac ("Isaac"), and Gregory Holloway ("Holloway")(collectively "defendants") violated his due process rights by failing to provide him with notice that several messages intended for his receipt were screened, rejected for being in violation of prison policy, and returned to their sender. Dkt. No. 4. Defendants filed a motion to dismiss [Dkt. No. 18] and provided plaintiff with the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975)[Dkt. No. 20]. Plaintiff later filed an opposition to defendants' motion [Dkt. No. 22]. For the reasons that follow, defendants' motion to dismiss will be granted, and the underlying complaint will be dismissed. I. Background The following allegations are assumed true for the purpose of ruling on defendants' motion to dismiss. In January 2018, plaintiff"was experiencing difficulty receiving secure messages(emails)and attachments(photographs)" from non-incarcerated individuals. Dkt. No. 4, p. 6.' On or about February I of that year, plaintiff filed an informal complaint regarding the 'This Memorandum Opinion will cite to ECF-assigned page numbers when referring to plaintiffs amended complaint. Dockets.Justia.com
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