Opinion
CASE NO. C15-5147 BHS
05-19-2015
RICHARD WESLEY BRYAN, Plaintiff, v. BERNARD WARNER, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 6), and Plaintiff Richard Bryan's ("Bryan") objections to the R&R (Dkt. 7).
On March 12, 2015, Bryan filed a 42 U.S.C. § 1983 suit against Defendants Bernard Warner, Patrick Glebe, Eric Jackson, Mitchell Bolden, David Davis, Sheri Izatt, Johanson, and Carey Tucker. Dkt. 1. Bryan alleges that he did not receive proper due process at a disciplinary hearing that resulted in the loss of extended family visit privileges and good time credits. Id. at 4-5, 7.
On March 16, 2015, Judge Creatura issued the R&R recommending that the Court dismiss Bryan's complaint without leave to amend. Dkt. 6. Judge Creatura concluded that Bryan has no liberty interest in extended family visits. Id. at 4. Judge Creatura also determined that Bryan cannot challenge a disciplinary hearing where he lost good time credits in a section 1983 action unless the infraction and sanction are reversed or expunged. Id. at 5-6.
On April 6, 2015, Bryan filed objections to the R&R. Dkt. 7. Bryan contends that Judge Creatura misapplied the facts and law in this case. Id. at 2, 9. The Court disagrees. Judge Creatura properly addressed the applicable law and the defects in Bryan's complaint. See Dkt. 6 at 4-6. Therefore, the Court having considered the R&R, Bryan's objections, and the remaining record, does hereby find and order as follows:
(1) The R&R is ADOPTED; and
(2) This action is DISMISSED.
(3) Bryan's in forma pauperis status is REVOKED for purposes of appeal.
Dated this 19th day of May, 2015.
/s/_________
BENJAMIN H. SETTLE
United States District Judge