Collins v. Fikes

Background

Stephen Collins, representing himself, filed a complaint against Warden J. Fikes, D. Drilling, and J. Best. The court considered a February 6, 2023 report and recommendation from Magistrate Judge Dulce J. Foster, which recommended dismissing the case. Collins objected, and the defendants responded.

Court’s Review

The court reviewed the parts of the recommendation to which Collins made specific objections independently, as required by 28 U.S.C. § 636(b)(1). It reviewed the remaining parts for clear error, meaning an obvious mistake. Because Collins was representing himself, the court interpreted his objections liberally.

The court overruled Collins’s first two objections, which concerned the administrative-remedy process, because neither the magistrate judge nor the district court based dismissal on failure to exhaust administrative remedies. The court also overruled Collins’s objection that his self-represented status had not been considered, finding that the recommendation showed it had been considered.

Ruling

The court found no legal or factual error warranting rejection of the recommendation and found that the remaining portions were neither clearly erroneous nor contrary to law. It therefore accepted the recommendation in its entirety.

The court ordered:

- Collins’s objections to the magistrate judge’s report and recommendation were overruled. - The report and recommendation was accepted. - The defendants’ motion to dismiss was granted. - The complaint was dismissed with prejudice. - Collins’s self-styled sur-reply or motion was denied as moot.

This order does not state in detail the underlying reason for dismissal; it adopts the earlier report and recommendation. Judgment was ordered to be entered accordingly.