Cartwright v. Ray

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Walter William Cartwright III, )
)
Plaintiff, ) ORDER ADOPTING REPORT
) AND RECOMMENDATION
vs. )
) Case No. 1:23-cv-085
Captain Chris Ray, )
)
Defendant. )
______________________________________________________________________________
The Plaintiff, an inmate at the Ward County Detention Center, initiated this pro se civil
rights action on May 1, 2023. See Doc. No. 2. An amended complaint was filed on June 6, 2023.
See Doc. No. 15. After screening the complaint as required by 28 U.S.C. § 1915A, Magistrate
Judge Clare R. Hochhalter issued a Report and Recommendation on June 6, 2023, in which he
recommended that one claim be allowed to go forward while all others be dismissed. See Doc. No.
14. The Plaintiff was given until June 21, 2023, to file an objection to the Report and
Recommendation. The Plaintiff did not file an objection to the Report and Recommendation and
the time for doing so has expired.
The Court has carefully reviewed the Report and Recommendation, the relevant case law,
and the entire record, and finds the Report and Recommendation to be persuasive. The Court
agrees that the Plaintiff’s retaliation claim should be allowed to go forward at this early stage while
the claims regarding mail restrictions, equal protection violations, and infringement upon his right
to petition the courts fail.
The Court ADOPTS the Report and Recommendation (Doc. No. 14) in its entirety and
ORDERS as follows:
1) The Plaintiff will be permitted to proceed with his retaliation claim.
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2) All other claims are DISMISSED.
3) The Clerk of the District Court is directed to effectuate service of the amended
complaint (Doc. No. 15) on the named Defendant along with a copy of the Court’s
screening order making clear the claim the Plaintiff is permitted to proceed with.
IT IS SO ORDERED.
Dated this 17th day of July, 2023.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court
Case 1:23-cv-00085-DLH-CRH Document 16 Filed 07/17/23 Page 2 of 2