1A prisoner who is allowed to proceed in forma pauper is in this court will have his complaint
screened in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B ). This screening procedure
requires the court to dismiss a prisoner’s civil action prior to service of process if it determines that the
complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks
monetary damages from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
* CIVIL ACTION NO. 3:05-CV-369-F
JENNY WILSON, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff, Otis Gray, is incarcerated in t he Opelika City Jail located in Opelika,
Alabama. He filed this 42 U.S.C. § 1983 action on April 21, 2005 complaining that on March
7, 2005 and Ap ril 13, 2005 he received mail that was torn and “re-taped.” Named as
defendants are Jenny Wilson, Latonya Gary and Sergeant Clark. Plaintiff asks the court
to investigate the matter about which he complains.
Upon consideration of the pleadings filed in t his case, the court concludes that
dismissal of Plaintiff's complaint prior to service of process is appropriate under 28 U.S.C.
Case 3:05-cv-00369-MEF-SRW Document 4 Filed 04/26/2005 Page 1 of 3
Gray v. Wilson et al (INMATE2)
Plaintiff’s complaint that on t wo occasions he received mail that had been torn and
taped fails to state a claim of constitutional magnitude. Assuming, arguendo, that the
damage to Plaintiff’s mail occurred at the jail facility and not through the postal service, the
law is well settled that the Constitution is not implicated by negligent acts of an official
causing unintended loss of life, liberty or property. Daniels v. Williams, 474 U.S. 32