(DOWNLOAD) "Spears v. Mccotter" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Spears v. Mccotter
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 03, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This civil rights complaint by a prisoner inexorably directs our consideration of questions of court administration and the scope of one of the provisions of the Magistrates Act, 28 U.S.C. § 636(b)(1). Norman R. Spears invoked 42 U.S.C. § 1983 and filed a pro se complaint against the director and several employees of the Texas Department of Corrections, alleging that he had been subjected to cruel and unusual punishment by being required to perform work beyond his physical capacity, and that his medical needs had not received proper attention. Both Spears and the appellees demanded a jury trial. The case was referred to a United States Magistrate for an evidentiary hearing, without a jury, after which the magistrate recommended that the case be dismissed. The district court adopted the magistrates recommendation and dismissed the suit. We perceive no difficulty with the magistrate conducting a hearing to determine the specificity of Spears claim leading to a recommendation of dismissal of the defined claim as frivolous. Finding that dismissal fully justified, we affirm.
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