Filed: Aug. 28, 2018
Latest Update: Aug. 28, 2018
Summary: ORDER LISA GODBEY WOOD , District Judge . After an independent and de novo review of the entire record, the Court concurs with the Magistrate Judge's Report and Recommendation, dkt. no. 13, to which Plaintiff filed Objections, dkt. no. 15. While Plaintiff makes an admirable effort to cure the deficiencies of his original Complaint through his Objections, his effort fails. As an example, Plaintiff attempts to show his habeas corpus petition filings were unsuccessful due to Defendants' all
Summary: ORDER LISA GODBEY WOOD , District Judge . After an independent and de novo review of the entire record, the Court concurs with the Magistrate Judge's Report and Recommendation, dkt. no. 13, to which Plaintiff filed Objections, dkt. no. 15. While Plaintiff makes an admirable effort to cure the deficiencies of his original Complaint through his Objections, his effort fails. As an example, Plaintiff attempts to show his habeas corpus petition filings were unsuccessful due to Defendants' alle..
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ORDER
LISA GODBEY WOOD, District Judge.
After an independent and de novo review of the entire record, the Court concurs with the Magistrate Judge's Report and Recommendation, dkt. no. 13, to which Plaintiff filed Objections, dkt. no. 15. While Plaintiff makes an admirable effort to cure the deficiencies of his original Complaint through his Objections, his effort fails. As an example, Plaintiff attempts to show his habeas corpus petition filings were unsuccessful due to Defendants' alleged policy of only having one Spanish-language book in the prison's library. Id. at pp. 2-3. However, Plaintiff notes the habeas court, in denying Plaintiff's petition, "mainly point[ed] out that Plaintiff failed to satisfy" his burden of proof as to his ineffective assistance of counsel claims. Id. at p. 3. Plaintiff's assertions in this regard overlook the fact that an access to courts claim cannot be based on whether a litigant is ultimately successful in his pursuit of a non-frivolous claim; rather, an access to courts claim is based on whether a prison official's actions have "frustrated or impeded the inmate's efforts to pursue a nonfrivolous legal claim." Dkt. No. 13, p. 6 (citing Bass v. Singletary, 143 F.3d 1442, 1445 (11th Cir. 1998)). Even if the prison library only has one Spanishlanguage book by policy, as Plaintiff contends, he fails to set forth any facts indicating that the lack of additional Spanishlanguage books prevented him from pursuing his habeas corpus petition. Indeed, from Plaintiff's own admissions, he was able to pursue his habeas petition. His lack of success on the relative merits is irrelevant to asserting a cognizable access to courts claim.1
Thus, the Court OVERRULES Plaintiff's Objections and ADOPTS the Magistrate Judge's Report and Recommendation, as supplemented herein, as the opinion of the Court. The Court DISMISSES Plaintiff's access to courts, conspiracy, class action, and preliminary injunctive relief claims and DENIES Plaintiff in forma pauperis on appeal as to these claims. Plaintiff's equal protection claim against Defendants remains pending.
SO ORDERED.
