Stamps v. Leskow
Stamps v. Leskow
Opinion of the Court
ORDER
Terah Lee Stamps appeals a district court order that rejected his motion for leave to file an amended complaint in this civil rights action filed under 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Stamps filed his complaint in the district court alleging that the defendant Michigan prison official denied him a publication entitled Cracking the Code which Stamps had ordered from the publisher. The district court dismissed the complaint sua sponte for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2) & 1915A and 42 U.S.C. § 1997e(c), and Stamps did not file a timely notice of appeal. Rather, Stamps submitted a motion for leave to file an amended complaint, which the magistrate judge rejected because the underlying case was closed by the district court’s judgment. Stamps then filed a notice of appeal. After considering Stamps’s response to an order to show cause why his appeal should not be dismissed for lack of jurisdiction, this court determined that only issues regarding the order rejecting Stamps’s motion for leave to file an amended complaint are properly before this court. Stamps v. Leskow, No. 02-2348 (6th Cir. Apr. 2, 2003) (unpublished). In his brief on appeal, Stamps continues to assert his claim that the defendant Michigan prison official denied him a publication.
Upon consideration, we affirm the magistrate judge’s order because Stamps has
For the foregoing reasons, the magistrate judge’s order is affirmed. See Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Terah Lee STAMPS v. B. LESKOW, Individually and Severally
- Status
- Published