Powell

MEMORANDUM **

Kitrich A. Powell, an inmate at Nevada’s Ely State Prison, appeals the dismissal of all claims but a claim for retaliation in his 42 U.S.C. § 1983 action. E.K. McDaniel, Dwight Neven, Gilbert Cunningham, Gerald Thompson, Scotty Neads, and Becki Lopez (collectively “prison officers”), cross-appeal from a judgment entered following a jury trial on Powell’s retaliation claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the judgment in Powell’s favor on his retaliation claim. We also affirm without prejudice the district court’s dismissal of Powell’s claim that his out-going mail to counsel was diverted, and we affirm the dismissal of his remaining § 1983 claims with prejudice.

I

On April 8, 1999, the magistrate judge issued a “screening” order pursuant to 28 U.S.C. § 1915 (e)(2)(B) dismissing Counts II, II-A, II-B, III-A and III-B of Powell's complaint. After Powell moved for clarification, the magistrate judge issued a report and recommendation on July 13,1999, which recommended that the district judge construe his screening order as a report and recommendation, providing Powell an opportunity to file specific written objections. The July 13, 1999…