Hornung

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION, AND GRANTING DEFENDANT INNISS’ MOTION FOR SUMMARY JUDGMENT

Plaintiff in pro per, Aaron D. Johnson, a state inmate at Centinela State Prison, filed a complaint for violation of civil rights pursuant to Title 42 United States Code Section 1983 . Plaintiff alleges he was deprived of his constitutional right of access to the courts when, instead of mailing his legal mail, Defendant Inniss (“Defendant”) threw it in the trash. The case was referred to Magistrate Judge James F. Sti-ven for a report and recommendation in accordance with 28 United States Code Section 636 (b)(1)(B) and Civil Local Rule 72.3.

Defendant filed a motion for summary judgment claiming that he was protected by qualified immunity and that there was no genuine issue of material fact with respect to Plaintiffs claim. Plaintiff filed an opposition and Defendant replied. Judge Stiven issued a report and recommendation recommending that the motion be granted (“R & R”).

Plaintiff objected to the report and recommendation, and Defendant replied. Upon review of Plaintiffs objections, Defendant’s reply and the underlying motion papers, the Court…